Page:Federal Reporter, 1st Series, Volume 2.djvu/853

 846 FEDERAL REPORTER, �in the years 1865 and 1867. The title to the land remained in the wife until March 2, 1872, on which day Thomas and Marilla May conveyed the land to William M. Piatt, who, on March 4, 1872, conveyed it to Thomas May. AU the fore- going conveyances were promptly reeorded. �Judson Lûtes obtained judgments against Thomas May in the years 1870 and 1871, when the title to the land waa in 1 Marilla May. Before the register he claimed the fund for (distribution in preference to judgment creditors of Thomas iMay, whose judgments were obtained after March 4, 1872, land when the title to the land was in him. The register («ppropriated the fund to the latter judgment creditors. To 'this appropriation Judson Lûtes has filed exceptions. If the irights of the parties are to be determined by what appears on fihe face of the record, the appropriation is elearly correct. 'But the exceptant" eontends that although, at the dates of his respective judgments, the legal and reeorded title was in Marilla May, yet her husband was then in fact the owner of the land, or had such interest therein as was bound by the lien of his judgments. �The fourth exception is as foUows: "The register erred in mot finding that the conveyances of said land to Marilla May were fraudulent and void as to the creditors of Thomas May." �In ecamection with the fact that Thomas May was some- what indebted when he oaused the aforesaid conveyances to be made to his wife, and owned no other real estate, the ex- ceptant's case rests mainly upon his own testimony, and that of one Christian Shook, as to alleged declarations of Thomas and Marilla May, made in the fall of 1868, itnmediately before the exceptant made his first loan to Thomas May, for which he took the joint note of the hlisband and wife. �Lûtes testifies : "I asked him (May) as to the title to the land. He replied that the deed he had made to his wife for the reason that he had been so harassed by the sheriff ; that he did it for a scare to his creditors, eo that he could keep them oS until he had a chance to turn himself and pay them ; but that he had bought and paid for the land, and his wife ����