Page:Federal Reporter, 1st Series, Volume 2.djvu/140

 ATWATBR V. SEELT. 133 �■while the plaintiff bas only one of these, the former must enforce their lien on the fund to whieh the latter cannot have recourse. �This doctrine shuts eut the defence set up under the stat- ute. The sheriff cannot avail himself of his relationship to the claims of the workmen on the fund or money in his hands, for it is more than enough to pay them, and the plaintiff's rights are superior to those of the judgment creditors. �The logs were not intermixed with the consent of the plain- tiff, and, the confusion existing on account of the wrongful acts of the mortgagors, the innocent party will not suffer thereby. �Judgment will, therefore, be entered in favor of the plain- tiff. ���Atwatbr and others ». Seelt and others. �Seely and others v. Atwater and others. �ipircuît Court, D. Minnesota. , 1880.) �VoLUHTART CoNVBTiLNCE— Efpect OF. — A voluntary conveyance, with- out consideration, will vest an absolute title in the grantee, subject only to the rights of creditors. �CtJKATryE AoT— Dbeds.— The act of February 28, 1877, (Minn.,) legaliz- ing deeds exeouted in another state according to the laws of suoli state, is a valid "h^aling statute," and as to a deed covered by it operated to validate the same, and pass the legal title, except as to intervening rights. �Debd — Inbufficibnt to Pass Legai, Title. — A deed in Minnesota exe- cuted in another state according to the laws thereof, but insufflcient under the laws of the state where the lands are situate, will operate as a transfer of the equitable rights of the grantee. �Original and cross-suit in equity beard and snbmitted to- getber, upon pleadings, proofs, and arguments of counsel. �Charles A. Clark, for plaintifiPs in original suit and defend- ants in cross-suit. �Davis, O'Brien e Wilson and E, R. HoUinshead, for defend- ants in original suit and plaintiffs in cross-3u:t. ����