238 P. 63 | Colo. | 1925
THIS is an action by a judgment creditor against A. L. Roper, the judgment debtor, Ida M. Roper, and Ella M. Browning, to set aside a deed given by A. L. Roper to defendant Browning, conveying a quarter section of land. It is alleged in the complaint that the deed was made for the purpose of hindering and delaying plaintiff in the collection of his judgment debt, and without any consideration.
The amended answer denied fraud and pleaded consideration for the deed. Upon trial to the court, without a jury, the issues were found in favor of defendants and judgment was entered accordingly. Plaintiff sued out this writ, and applies for a supersedeas.
It is contended that it was error to render judgment for defendants upon the evidence. A. L. Roper's grantee was his sister-in-law. This circumstance cast upon defendants the burden to establish clearly that the transaction was honest and that there was no intent to hinder and defraud the creditor. Chalupa v. Preston,
MR. JUSTICE DENISON and MR. JUSTICE WHITFORD concur.