Byrne v.Reed

Belcher, 0. C. This is an appeal by the plaintiff from a judgment and order denying him a new trial.

The action was brought to remove an alleged cloud on the plaintiff’s title to certain mining claims, situate near Iowa Hill, in Placer County.

The mining claims in controversy were formerly owned by the defendant, Adelia Hill, and the plaintiff assorts title to Ahem under a sale on execution, issued upon a judgment against her, made to him, as executor of the last will of Matthew Beed, deceased, on the twenty-fourth day of September, 1883, and under a sheriff’s deed made to him, in pursuance of the sale, on the twenty-sixth day of March, 1884. The defendant Julia S. Beed asserts title to the claims under a deed made to her by her co-defendant, Adelia Hill, on the eighteenth day of May, 1883.

It is alleged in the complaint that this deed to the defendant Beed was made without any consideration, and with the intent, on the part of both grantor and grantee, to hinder, delay, and defraud the creditors of the grantor, of whom the plaintiff was and is one; and that consequently it is a cloud on his title which he asks to have removed.

The answer denies that the deed in question was made without consideration, or with any intent to hinder, delay, or defraud the creditors of defendant Hill, or any of them, and alleges that on the 18th of May, 1883, defendant Beed, for a full, sufficient, and valuable consideration, purchased the claims, and ever since has been and now is the Iona fide and lawful owner and holder of the same, and of every part and parcel thereof.

The court below’ found that on the eighteenth day of May, 1883, the aggregate value of the mining claims in controversy was not over $1,100; that on that day the defendant Hill was justly indebted to the defendant Beed in the sum of $1,976.33, “ and on said day, by agreement thereto with said Beed, said Hill executed [279]and delivered to said Reed the conveyance of said properties mentioned in the complaint herein, and certain other mining property not described in the complaint, in full satisfaction, discharge, and payment of said indebtedness, and said Reed accepted said conveyance in full satisfaction, payment, and discharge of said indebtedness; that the said indebtedness, and the satisfaction and discharge thereof, was a full and adequate consideration for the properties thus conveyed; that the said conveyance was made and accepted in good faith, and without any intent to hinder, delay, or defraud plaintiff, or any creditor or creditors of defendant Hill; that the defendants Reed and Hill did not collude, or intend by said conveyance or otherwise, nor did either of them intend thereby, to hinder, delay, or defraud the plaintiff or his co-executor, or any creditor or creditors of the defendant Hill, from collecting by execution or otherwise any anticipated or other judgment that might be rendered against defendant Hill, or to prevent, hinder, or delay the collection of any debt or demand due by defendant Hill to any one."