Page:Federal Reporter, 1st Series, Volume 3.djvu/206

 EADFOED V. FOLSOM, J99 �Eadfoed, Assignee, v. Folbom. [District Court, B. D. Michigan. June 14, 1880.) �1. jDDaMENT— EsTOPPEi/— Same Oaubb op ACTION. — Whero a question �is distinctly put in issue, and tried and decided, the judgment operates as au estoppel as to that question in any subsequent suit between the same parties, whether the second suit be upon the same or some ottier cause of action. �2. Same — Same— Parties. — So, wlien an issue is made in a case and de- �cided, isThether with or without trial, the judgment is conclusive between the same parties in any subsequent action for the same cause, and as to ail questions which were, or might have been, raised upon the first triaL �3. BAiiB — Samb — iîiFFBKENT CAUSE OF ACTION. — But, where a suit is tried �and determined, the mere fact that in that suit a question might have been raised, tried, and determined, does not prevent the raising of such question in a suit upon a different cause of action. �A. began a suit in lowa against B., to obtain his possession and quiet his title to certain lands standing in A. 's name. Pending this suit A. conveyed a portion of the lands to C, ■who intervened as oo- plaintilï, and asked that this portion might be set off to her. The case was tried and submitted. Before decision A. was adjudicated a bankrupt, and his assignee was substituted as-plaintiff, and the lands • Btill standing in A.'s name were set ofif to his assignee, but no ques- tion was raised as to the validity of the conveyance from A. to G. Subsequently A.'8 assignee flled a bill against 0. to have the convey- ance set aside as a fraud upon A.'s creditors. Seld, that the proceed- ings in lowa were not an estoppel. Ileld, also, upoii the tacts, that the conveyance was fraudulent and void. �In Equity. �Bbown, D. J. This is a bill brought by the complainant, as assignee of Simeon and Frank Folsom, to set aside two deeds and a mortgage executed by Frank Folsom and wife to Eliza Folsom, the defendant, upon the ground that these con- veyances were made by said Frank Folsom and wife at a time when he was hopelessly insolvent, without consideration, and for the purpose of defrauding his creditors, by placing the property beyond their reach. The first conveyance was a deed dated February 18, 1875, conveying to said defendant certain store property situated in the city of Council Bluffs, lowa. The second was a deed dated October 5, 1875, and ����