Leonard

This action was brought April 22, 1895, by F. A. Leonard, assignee of the estate of F. A. Miner, an insolvent debtor, to set aside a conveyance from said F. A. Miner, insolvent, to Etta B. Miner, his wife, of a tract of land situate in the county of San Bernardino, upon the ground that said conveyance was made with the intent to defraud the creditors of said insolvent, F. A. Miner.

E. C. Singletary, a creditor of F. A. Miner, intervened in the action setting up the fraudulent conveyance, and praying that *404 such conveyance be adjudged fraudulent and void as to intervener and other creditors; that a receiver be appointed to take charge of and sell the property, etc. The defendants F. A.. Miner and Etta B. Miner answered.

The action was dismissed as to the plaintiff F. A. Leonard, upon the ground that the alleged fraudulent conveyance was, made more than one month before the filing of the petition in insolvency, and hence that under section 55 of the Insolvent Act of 1880 (Stats. 1880, p. 96) he was not entitled to maintain the action.

A jury was impaneled, and the following special issue submitted for determination, viz: “Was the conveyance mentioned in the pleadings in this…