Morgan

This action is for the recovery of the possession of certain personal property from the hands of the defendant, or if delivery cannot be had of the property, for its value. The court below gave judgment as prayed for, and from that this appeal is taken.

In a former adjudication by the appellate court, the property concerning which this litigation is now had was declared to be that of the plaintiff, derived by gift from her then husband, W. J. Morgan, and made by him without any fraud as to his existing creditors. (Morgan v. Hecker, 74 Cal. 540 .)

It appears from the findings in the present cause that the property, consisting of a mare, her colt and a buggy, were given to the plaintiff, Belle M. Morgan, then the wife of W. J. Morgan, by him, in good faith, when he was solvent and able to pay his debts, and that at the time of the making of the gift the property was delivered to and accepted by his wife.

Several years after the gift was so made, delivery and. acceptance had, the husband became indebted upon ar promissory note to one Daniel McCarthy in the sum of three hundred dollars. After the note became due,' on the 3d of May, 1888, it having been transferred to Fred Hecker,…