115 Cal. 74 | Cal. | 1896
A. F.Boardman and William Watts, individually, and as partners composing the firm of A. F. Boardman & Co., filed their petition in insolvency on the twenty-eighth day of March, 1895, and were thereupon duly adjudicated insolvent debtors; subsequently plaintiff was elected their assignee. As such assignee he obtained judgment in this action requiring the defendant, Mary Boardman, wife of said A. F. Boardman, to reconvey to him, the plaintiff, nine hundred and ninety shares of stock in a certain mining corporation, of the value of two thousand nine hundred and seventy dollars, which Boardman had transferred to her as a gift on September 22, 1894; this on the ground that such transfer was fraudulent and void as to the creditors of the husband. A motion of defendants Board-man and wife for new trial was denied, hence the appeal.
Said insolvents resided in Placer county, and most of their assets were situated there. At the trial the court received in evidence the statement of the property owned by A. F. Boardman & Co., on March 5, 1894 rendered to the county assessor for purposes of taxation
The order appealed from should be affirmed.
Haynes, C, and Searls, C., concurred.
For the reasons given in the foregoing opinion the order appealed from is affirmed.
McFarland, J., Henshaw, J., Temple, J.