Page:Federal Reporter, 1st Series, Volume 2.djvu/325

 318 FEDERAL REPORTER. �assumed the risk of them. When this property was trans- ferred to her in 1875, as it then was, with three mortgages on it not in existence when he first took it, the understanding was that the transfer should be on account of her claim, as payment of $10,000, This might have been attaeked, per- haps, as a preference ; if bankruptcy had then foUowed by other creditors ; but the understanding, as testified to, is in no way inconsistent with the other evidence, going to show that both parties regarded the husband as indebted to the wife for the amounta received from the estates of her father and grandfather, including this sum of $10,000, the price at which he bought the land of the executors. Therefore, because the land was his own and not hers, as well as for the rea- sons already given, the laying out of the proceeds of the Personal property on the real estate did not operate as a re- payment to her of thoae proceeds; and I see no reason why, in equity she cannot claim against him the balmce of her legaey, which he haa received. No part of it has been paid except the $10,000, in 1875, which bas been credited. �The claim is misdescribed in the bankrupt's schedules. This is a circumstani^e impairing somewhat, possibly, the weight to be given to his testimony. But I do not think it of Bufficient importance to overthrow the case made in favor of the proof of debt. There is proof that the schedule was pre- pared by counsel on imperfect information. As the wife haa frequently demanded payment or security I think she has the right to interest, which, perhaps, she might not be entitled to if she had consented to his using her money for a long course of years without any demand, and in the business upon which they both depended for support. The circumstances might be such as to imply that the use was a gift from the wife. But such is not this case. �As some objection is made to the amoimt of interest as computed in the proof of debt, there may, if the contesting creditors desire it, be a reference to the clerk to compute the interest. Otheiwise the proof of debt is sustained. ����