McDonald

The controversy in this action relates to the ownership of certain bonds of the city of Placerville and of a judgment against the city on those bonds. The plaintiff claims title under a sale made by the assignee in insolvency of one Meyers. The respondent claims title under a transfer by Meyers to her testator, Robinson, made seven days prior to the filing of the petition in insolvency. Plaintiff claims: 1. That the transfer by *45 Meyers was not absolute, but merely by way of security; and 2. ' That it was made in fraud of the insolvency law. As to the first point, the court found that the transfer was absolute, and the finding is supported by the evidence.

As to the second point, there was no sufficient evidence that at the time of the transfer Meyers was insolvent, or in contemplation of insolvency, or that the transferee had any reasonable cause to believe that Meyers was insolvent, or that the transfer was made fox any of the purposes forbidden by section 55 of the Insolvent Act of 1880. On the contrary the evidence tended to show that the transfer was lona fide, and not within any of the inhibitions of that act. The plaintiff, however, claims that the court erroneously…