Page:Federal Reporter, 1st Series, Volume 2.djvu/856

 IN KE MAT. 840 �beneficiai ownersliip of the land remainîng in the husband. Assuredly there is no evidence in this case of any express trust, and none "which warrants the implication of the trust attempted to be set up. I entirely agree with the register that the alleged declarations of Marilla May to Judson Lûtes, if made, did not affect her, or operate as an estoppel either against her or the parties to wham the register awarded the fund. �The conclusion of the whole matter, therefore, is that ■whether the conveyances to Marilla May were, on the part of her husband, honaficLe, conferring upon her a valid gift,(as the register finds,) or were made with fraudaient intent, the land was hors when the exceptant's judgments were entered, and the exceptant has no right to the proceeds of the assignee's sale in preference to hona fide creditors without notice, whose judgments against Thomas May were ohtaiued after the title vested iu Mm by virtue of the conveyance from William M. Piatt. �The assignee has excepted to the disallowance of a bill of costs and attorney's fees incurred in the trial of a scire facias to revive the judgment of one Detrick, in the court of cOm- mon pleas of Wyoming county. It was objected to this claim that these expenditures were not necessarily or legally incurred by the assignee; that the contest was wholly be- tween judgment creditors, and the assignee had no interest in it, and that the expenses were incurred, in fact, on behalf of Judson Lûtes. The presumption is that the register right- fuUy decided against the claim, and evidence has not been submitted to me to convict him of error. �And now, to-wit, June 9, 1880, the exceptions to the reg- ister's report are overruled, and the report is conûrmed abso- lutely by the court. ���v.2,no.l0— 54 ����