Wilhoit

The plaintiffs brought this action to quiet their title to certain real property in San Joaquin County, and *410 they claimed title to the property under a deed of assignment made to them by M. E. Bryant, an insolvent debtor, for the benefit of his creditors, on February 16, 1886.

The defendant denied the plaintiffs’ ownership or right to the possession of the property, and set up title to it in himself under and by virtue of a sheriff’s deed conveying the property to him under date of September 15, 1890.

The court below gave judgment for the plaintiffs, from which, and from an order denying his motion for a new trial, defendant appeals.

The facts of the case, as shown by the findings and evidence, are as follows: —

On January 30, 1886, M. E. Bryant was the owner of the property in dispute, but was insolvent and unable to pay his debts. On that day, under the provisions of the Civil Code relating to “ Assignments for the benefit of creditors,” he signed, acknowledged, and delivered to the plaintiffs for the benefit of his creditors a deed of assignment of all his property not exempt from execution. The grantees accepted the trust and filed the deed for record in the recorder’s…