Page:Federal Reporter, 1st Series, Volume 2.djvu/189

 182 FEDERAL RBPORTEB. �MoTER and anotîier ». Adams, Assignee of Stoner & Moyer. �Stoneb and another v. Adams, Assignee of Stoner & Moyer. �[Circuit Court, D. Indiana. April, 1880.) �HrrsBAKi) aîtdWiph — Fraudulent Conveyance to ATifb. — Awifecan- not allow the husband to use and appropriate her property as liis owa for years, and incorporate a part of his own means into it, and then, upon a conveyance of the whole from her husband, make valid claim to it as against his creditors. �Mr. Winter, for appellants. �Mr. Harris, for appellee. �Dbummond, C. J. The case of Moyer et al. v. Adams was a bill filed in the district court by the assignee of Stoner & Moyer to set aside eonveyances made on the twenty-fourth of November, 1877, by Moyer to Stephen C. Shank, and by Shank to the wife of Moyer, on the ground they were fraudu- lent as against creditors. Stoner & Moyer were adjudicated bankrupts ontheir own petition on May 18, 1878. �It does not clearly appear, by the evidence submitted to the court in this case, at what time Moyer became the owner of the property covered by the conveyance. The inference is that it was not later than 1869. Moyer bought the land with his own money and property. He had sold some real estate belonging to him many.years before the bankruptcy, when he was comparatively frae from debts, and made a present to his wife ont of the proceeds of the sale of the sum of $500, and she took possession of the money and retained it, as she says, about a year. Then Moyer wanted it, and she gave it to him for the purpose of being used in the construction of the house placed on the property, and in which they lived ; this must have been as early as 1869. When she gave her hus- band the money no note or other evidence of the debt was executed to her. There was no agreement about paying any interest. AVhen needing the money, he asked for it to use in building, and she voluntarily gave it to him for that pur- pose. He says that the deed was made to her to secure her ����