Moore

This is an appeal by the trustee in bankruptcy of the Estate of Zurcher Bros. Co., Inc., from an order dismissing his “Bill in Equity to set aside Fraudulent Transfers of Property and Obtain other relief.”

The trustee’s bill alleged that the bankrupt was a California corporation having its principal place of business in El Centro, Imperial county; that, upon petition of three creditors, filed October 7, 1931, the bankrupt was adjudged such by the District Court; and that later, appellant herein was elected trustee and qualified.

The bill was filed, so it alleged, for the purpose of vacating and setting aside a fraudulent transfer of the property of Zurcher Bros. Co., Inc.; for vacating, an-, *140 nulling, setting aside, and cancelling a decree of the superior court in the said county; and for compelling an accounting.

It is charged by the bill that Zurcher Bros. Co., Inc., being in financial difficulties, 'the appellees here (except United States Fidelity & Guaranty Company, which was on the bond) entered into a conspiracy to hinder, delay, and defraud creditors, in pursuance of which design defendant B. A. Harrigan transferred a certificate for five shares of stock in the…