Page:Federal Reporter, 1st Series, Volume 3.djvu/148

 IN BB EBTBS. lel �his resulting trust or equity ia the premîses. But, in the case under consideration, Estes, at the date of docketing these judgments, had the legal estate in the promises or nothing. In the language of the court in Rappleye v. International Bank, supra : "It is a mistaken notion that after the making of a fraudulent conveyance as to creditors there remains in the fraudulent grantor an equitable estate in the land con- veyed. If this were so, he eould sell and convey to another such estate." �It is also claimed that the statute limiting the lien of a judgment in Smith y. Jnglea was more restricted than the preseût. But I think they are substantially the same. The former (Gen. Laws 1853-4, p. 100) declared that "such lien shall extend to ail the real property of the judgment debtor owned hy him at the time of docketing the judgment," etc. Prom the present one there is only omitted the tautology "owned by him," — the expression "property of the judg- ment debtor" being considered the full equivalent thereof. �So stand the authorities pro and co» upon this subject. Of those which are controUing in this court, the one from the supreme court of this state — Smithy. Ingles — decides that the lien of a judgment does not extend to an equity; while the other one from the supreme court of the United States — Miller V. Sherry — decides that such lien does not attach at aU in the case of a previous conveyance in fraud of creditors. �In my own opinion, the lien of a judgment which is limited by law to the property of or belonging to the judgment debtor at the time of the docketing does not nor cannot, without doing violence to this language, be held to extend to property previously conveyed by the debtor to another, by deed valid and binding between the parties. �A conveyance in fraud of creditors, although declared by the statute to be void a^s to them, is nevertheless valid as be- tween the parties and their representatives, and passes ail the estate of the grantor to the grantee ; and a bona fide pur- chaser from such grantee takes such estate, even against the creditors of the fraudulent grantor, purged of the anterior fraud that affected the title. Oi'egon Gen. Laws, 523 ; Bean ����