Woolridge

A. F.Boardman and William Watts, individually, and as partners composing the firm of A. F. Boardman & Co., filed their petition in insolvency on the twenty-eighth day of March, 1895, and were thereupon duly adjudicated insolvent debtors; subsequently plaintiff was elected their assignee. As such assignee he obtained judgment in this action requiring the defendant, Mary Boardman, wife of said A. F. Boardman, to reconvey to him, the plaintiff, nine hundred and ninety shares of stock in a certain mining corporation, of the value of two thousand nine hundred and seventy dollars, which Boardman had transferred to her as a gift on September 22, 1894; this on the ground that such transfer was fraudulent and void as to the creditors of the husband. A motion of defendants Board-man and wife for new trial was denied, hence the appeal.

*76 The chief contention of appellants is that the evidence did not sustain the finding of the court that Boardman gave his wife the stock intending thereby to hinder, delay, and defraud his creditors. It would be unprofitable labor to abstract at length the evidence in the record touching the pecuniary condition of Board-man at the time of the transfer…