Rapp

Appeal by defendant W. F. Whittier from a judgment whereby a transfer of personal property evidenced by a bill of sale executed June 22, 1893, to said appellant by Henry F. Robbers and Charles Reck, who are also defendants here, was declared void, and plaintiffs were adjudged to recover of appellant the net proceeds in his hands of a sale of said property made by him subsequently to such transfer. It appears from the allegations of plaintiffs’ complaint that Reck had no interest in the property described in the bill of sale; at the date of such instrument plaintiffs had an action pending in the superior court against said H. F. Robbers, in which they sought to recover a deb't owed to them by him; the said bill of sale was intended by Robbers and accepted by Whittier as an assignment of all the assets of the former, pursuant to an understanding between them and various creditors of Robbers, other than the plaintiffs, whereby Whittier was to hold and dispose of the property for the benefit of such other creditors, to the exclusion of plaintiffs; on September 5, 1893, in the course of their said action against Robbers, plaintiffs recovered judgment; execution issued *431 thereon, and…