Fitzgibbon

The plaintiff brought this action to restrain the defendant Laumeister, as sheriff of the city and county of San Francisco, from selling a certain piece of real estate owned by him in said city, under an execution issued upon a judgment against the plaintiff’s grantor in *940 favor of the defendant Weatherly. The defendant Laumeister made default, and the defendant Weatherly answered, alleging that the conveyance to the plaintiff was made with the intent to hinder, delay and defraud creditors, and that the threatened sale by the sheriff was for the purpose of enforcing his claim as a creditor against the grantor in the deed. The cause was tried without a jury, and the court finds that the purchase of the property by the plaintiff was made by him in good faith, and the conveyance therefor was made for a valuable and adequate consideration paid by him to the grantor at and before its execution, and was received by him in good faith, and not with any intention to hinder, delay or defraud the defendant or his assignor, ■or any creditor of said grantor. Judgment was entered accordingly in favor of the plaintiff. A motion for a new trial was made upon the ground that the evidence was…