Moses

This is an action of ejectment, and as a defense it is claimed that the realty involved is the separate property of respondent,, Julia A. Bray.

Her title rests upon the validity of a deed given to her by Watson A. Bray, her husband and corespondent, August 3, 1881. It is here claimed that this transfer of the realty was void, upon the ground that it was made with intent to defraud Watson A. Bray’s creditors, and the determination of the court as to the validity of this deed points the judgment in the case. The trial court by its findings of fact declared in favor of the deed, and those findings of fact are now assailed as unsupported by the evidence.

This action was tried and submitted upon testimony taken in two other cases, and it is now insisted that for such reason this court should take a first and original view of the evidence introduced, and weigh and measure it by the same standard and test that the trial court was required to apply. In other words, it is contended that the evidence should be examined and gauged the same as though the question here presented arose by an original proceeding pending in this court. This position of appellant is unsound. The court has…