Page:Federal Reporter, 1st Series, Volume 2.djvu/852

 nf BE MAY. 845 �Sharswood, *28. It bas the judicial sanction of Judge Story in Swift v. Tyson, 16 Pet. 1, whose adoption of it is dis- tinctly approved by the supreme court in McCarty v. Root, 21 How. 439. �Such weight of authority must be regarded, in this court, as decisive, and judgment is therefore entered for the plain- tiSs on the case stated. �Note. — The " recent decision in this court," referred to in the aboTS opinion, is probably the case of Mack v. Baker, repyited in & Weekly Notes oJt Cases, 212. ���In re May, Bankrupt, {District Court, W. D. Pennsylvania. June 9, 1880.) �FRA.UD — CoNVEYANCB — Maeried Woman. — A conveyance to a marriee woman in fraud of her husband's creditors is valid as to a subsequent crediter with notice. �Same — Samb — Married Woman — Trust. — Such conveyance will aot create a trust in the wife for ihe beneflt of her husband. �In Bankruptey. Sur exceptions!, to the report of the resis- ter in distributing the proeeeds from sale of real estate. �Geo. K. Powell, for exceptions, �Wm. M. Piatt & Son, for report. �AcHEsoN, D. J. This case cornes before the court upon exceptions to the report of the register distributing the f und derived from the sale of the real estate of Thomas May, the bankrupt, which was sold under an order of this court divested of liens. The bankrupt acquired, by purchase, an equitable interest in this real estate about the year 1851, and there- after, and until the sale by the assignee in bankruptey, he and his wife resided on the land. His equitable title was sold at sherifi's sale in 1861. He purchased it back from the sheriff's vendees and caused them to convey the title to his wife, Marilla, in 186T. Having paid the balance of his original purchase money, he caused the legal title to be con- yeyed by his vendor and the grantee of his vendor to his wife, �16* ����