Page:Federal Reporter, 1st Series, Volume 2.djvu/854

 IH BK K AT. 847 �-vovtld make the same statement about tho ownership of the land." �A few days afterwards, Lûtes says, he, in company with Christian Shook, visited May's house, and there saw Mr. and Mrs. May, and that the former then repeated to his "wife ■what he had previously told him, (Lûtes,) and she said "that Thomas had bought the land and paid for it, and had the deed made to her for the purpose of keeping folks from orowding him, se that he would have a chance to tum him- self and pay his debts. * • • I remember (Lûtes testi- fies) Mrs. May said I needn't be afraid to trust Thomas, for the reason of the deed being in her name, for he was the real owner and not her, and that they had got their debts pretty ■well paid up, and she didn't see any reasou "why he couldn't get along." �Christian Shook testifies : "Mr. Lûtes was going to let May have some money, and Lûtes wanted Mrs. May to go Tom's security. Mrs. May laughed, and said she thought there was no use in going as Tom's security, for the place belonged to Tom."' �This testimony of Judson Lûtes and Christian Shook is denied in toto, and flatly contradicted from first to last, by Thomas May, who was examined at length. It is also contra- dicted by Marilla May. Neither of these witnesses has any pecuniary interest in the present controversy. On the other hand, Judson Lûtes is a party in interest; moreover, he ia seriously discredited by testimony in the case affecting his reputation for truth and veracity. �One of the exceptions now pressed is that "the' register erred in not finding that both Thomas May and Marilla May told Judson Lûtes, at the time he loaned his money and took his first judgment, that the land belonged to Thomas May." But, af ter a careful consideration of ail the evidence in the case, I cannot say the register was wrong in not so finding. �Were it coneeded, however, that the alleged declarations' were made, what then? The register finds, and, I think, rightly, that aU the debts which Thomas May owed when the conveyances were made to his wife were paid long sinoe. ����