Page:Federal Reporter, 1st Series, Volume 2.djvu/332

 SIMM8 V. MORSE. 325 �firm to the estate, and should be paid to or collected by the representative of the estate. �The decision of the register is overraled, and the proof alloTved against the joint estate. ���SiMMS and another, Assignees, etc., v. Morse and Wife and �others. �(District Court, D. Maryland. May 3, 1880.) �Wife — Purchasb of Pbopebty by — Contest with Husband's Cbed- ITOES. — Purchasea of real or peraonal property, made by wife during coverture, are justly regarded with suspicion, and in contests with cred- itors of her liusband the burden of proof is upon her to show afflrma- tively and distinctly that she paid for it with funds not fumished by her husband. �Pbopebty Poechasbd by Wife — Bona Fidb Puechabeb. — The same rules applicable in a contest between a wife, who has purcliased real estate during coverture, and her husband's creditors,do not apply where such contest is one between the crediter or assignee and oneclamiingthe property as a iona fide purchaser thereof. �Fraud — Notice — Merk Suspicion is not.— Ciicumstances amountingto mers suspicion of fraud are not to be deeraed notice, and where an infer- ence of notice is to afifect an innocent purchaser it must appear that the inquiry suggested, if fairly pursued would resuit in the discovery of the defect. �Wife— Paymbnt op Husband's Dbbt —The fa«t that a wife, in dispos- ing of property standing in her narae, in part payment thereof, can- celled a debt due from her husband, does not render such coaveyance assailable by his creditorg. �In Bankruptcy. �Tuck e Tuck, for complainant. �John H. Keene, Jr., for defendant. �MoEEis, D. J. Bill in equity to set aside certain deeds as fraudulent and void, and in fraud of the provisions of the bankrupt act. �It appears from the proceedings and testimony that in 1868 Augustus Morse was the proprietor of the City Hôtel, in Annapolis, whioh he had purchased, but had not paid for ; that the furniture of the botel belonged to his wife ; that he ����