Priest

This action was brought by the plaintiff to subject certain real property in the city of San Francisco to the payment of a judgment obtained by him against the defendant, Joseph Brown, on April 5, 1887, for the sum of $8,334.06 and costs of suit. It is alleged in the complaint that this real property was on October 3, 1883, conveyed by the judgment debtor to the defendant A. M. Brown, with intent to delay and defraud the creditors of such debtor. The land was afterwards conveyed to the other defendants named, in trust to secure an indebtedness owing from the said A. M. Brown to the San Francisco Savings Union.

The superior court found that the deed from Joseph Brown to the defendant, A. M. Brown, was not made with intent to defraud the creditors of Joseph Brown, and upon this finding and others not necessary to be stated gave judgment for the defendants.

It is manifest that if the finding of the court to the effect that the original conveyance to the defendant, A. M. Brown, was not fraudulent and void as to the creditors of Joseph Brown, is sustained by the evidence, the judgment and order appealed from must be affirmed without reference to other questions argued by counsel.…