Page:Federal Reporter, 1st Series, Volume 3.djvu/212

 BADFOBD V. FOLSOU. 205 �Company would not have paid this and cancelled the poliey, but would have allowed that amount for it if new insurance were purchased. There is evidence, however, tending to sho-w that at this time the insured, Simeon Folsom, was aiflicted with an incurable disease ; that hig physicians had pronounced his case hopeless, and that he would probably not survive a year. Under these circumstances the poliey might justly be considered as worth a much larger amount than the company would have paid for it. �As the title to the lands at that time was in litigation, and their then value somewhat uncertain, I cannot say that the consideration paid for them was grossly inadequate ; but I have no doubt that the conveyance was intended by ail par- ties as a fraud upon the creditors of Simeon and Frank Fol- som. The exchange was negotiated entirely by Simeon, acting for his daughter, who, in fact, knew nothing of the transaction. Indeed, she can scarcely be considered a real partytotheagreement. Statnominisumbra. Hisknowledgewas her knowledge, and the evidence that he intended to with- draw this property from his creditors is overwhelming. Had the consideration for the lands been received by Frank Fol- som himself, and turned over to his assignee, there might be some reason for claiming the transaction to be valid; but the effeot of it was to withdraw from the assets of the estate land exceeding $20,000 in value, and to put the consideration where it could only be reached by further litigation. I have not deemed it necessary to review the facts at length. They seem to me to constitute a very clear case of fraud, and I feel compelled to direct that a decree be entered iu favor of the complainant. ����