Windhaus

This is an action by a judgment creditor to have certain deeds of gift of real property, made by respondent Adam Bootz to his wife and daughters, set aside as fraudulent and void against creditors. The court made many probative findings, and also found as an ultimate fact that the transfers were not made with intent to defraud creditors, and thereupon rendered judg *620 merit for defendants. This is an appeal from that judgment, and the order denying a motion'for a new trial.

The principal error relied on by appellant is, that the evidence is insufficient to support the finding that “ the transfers were not made with intent to defraud creditors.” The respondents presented no evidence to the trial court, and that introduced by appellant is neither full nor satisfactory, and is practically as follows:—

One Severin testified that in 1879 Bootz owed him three thousand dollars upon a certain promissory note, and at the end of the year 1880 he owed about one thousand dollars upon the note; he continued: “I needed money, and asked him for it; he told me to transfer the note. I afterwards borrowed one thousand dollars from Mrs. Windhaus, the plaintiff in this action. This lady and I…