Page:Federal Reporter, 1st Series, Volume 3.djvu/446

 HEBBINfi V. BICHABD3. e39 �eral other states whçre they have very able courts, are the other "w&y, and I shall therefore sustain the demurrer to the declaration, knowing, as I do, that the case is of sufficient im- portance to go to the supreme court. ���HEBBiKa, Assignee, etc., v. BicnABss and others, (District Court, D. Minnesota. Pebruary, 1880.) �1. VOLUNTARY CONVBYANCB— PakENT AND CHILD— FeATTD.— A VOlunteiy �conveyance frcm a parent to his children, by way of settlement, whila Boivent and f ree f rom debt, and not disproportionate to hia meang, will be sustained, as against subsequent creditors, in the absence of fraud. �2. Samb — Subsequent Impkovbmbnts — ^Fraud, — Subsequent contribu- �butions of money, for the purpose of paying ofl encumbrances and improving the property, will not render such conveyance void. �3. Samb— Presumption of Acceptance. — ^In the absence of direct testl- �mony the acceptance of the grant will be presumed, after the expira- tion of four years, where the grantees held, owned, controUed, and managed the property from the time of the conveyance, and the only occupancy had been by their tenants, and for their sole and exclusive use. �II. P. Herring, for plaintiff. �George B. Young, for defendant. �Nelson, D. J. This suit is brought to recover certain real property alleged to have been conveyed in fraud of creditors. �On August 12, 1874, William Eichards purehased of Aaron S. Everest and wife the property in controversy, and received a deed therefor, whieh was recorded August 15, 1874. The purchase price was $2,000, and Eichards paid |200 in cash, and gave his notes and a mortgage to secure the balance of the purchase money. The notes were four in number, viz. : One for $300, due August 12, 1875; one for $500, due Au- gust 12, 1876; one for $500, due August 12, 1877; one for $500, due August 12, 1878. �On August 14, 1874, Eichards conveyed the farm for a consideration, expressed in the deed, of $200, to his daugh- ters, Minnie Eichards and Mary Vine Eichards, now Mary ����