Ellis

Smith v. Ellis

Good Law
1894 Cal. LEXIS 1290·4 Cal. Unrep. 469·35 P. 764
Supreme Court of CaliforniaFebruary 6, 1894No. 19,294California352 words

Opinion

Lead Opinion

Searls, J.

This is an action on the part of a judgment creditor of J. N. Ellis, Sr., to set aside as fraudulent a deed of conveyance of certain land in the county of Orange, exe *470 ented by said J. N. Ellis, Sr., May 22, 1890, to his daughter M. E. Ellis, and to satisfy plaintiff’s judgments out of said land. The defendants had judgment, from which, and from an order denying a new trial, as well as from an order denying a motion of plaintiff to amend his statement on motion for a new trial by inserting therein specifications as to insufficiency of evidence, etc., plaintiff appeals. For the purpose of disposing of the appeal, I shall assume the motion to amend the specifications of the insufficiency of the evidence as having been in fact allowed by the court. The testimony in the case was mainly that of the two defendants, father and daughter, and the two brothers of the latter, and the only question of any importance is, Was it sufficient to support the findings? This question can be answered in this wise: If true, it was amply sufficient. There is sufficient contradiction in the testimony of the two defendants to awaken some suspicion as to their truthfulness in my mind. These…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.