Page:Federal Reporter, 1st Series, Volume 3.djvu/447

 eeO rSÙBtUOi BEPOBIEB. �Vine French, wife of the defendant Lafayette Freneh. It îs admitted this conveyance was voluntary, and subject to the mortgage. �At the time of this conveyance to the children, Kichards ■was engaged in the lumbering business, owning an interest in lumber yards at Austin and Minneapolia, and connected with Bray & French and his son, Wilham A. Eichards, and Bubsequently with Bray, Wilder & Co., the successors of Eichards, Bray & French, at Minneapolis. The aggregate interest of Eichards in the business was sworn to by compe- tent witnesses as amounting to over $7,000; and at that time Eichards also owned real estate in Austin, valued at over $8,000, out of which there was a rental, in 1874, of $1,455, and a triiie less in 1875 and 1876, and on which was an encumbrance of only $500. Eichards' profits or income, for 1874, amounted to $2,436.15, from his lumber trade, in addition to the rental above stated. He owed some debts in his business, but his property interest was fairly worth, according to the balance sheet and other testimony, $8,000 in the lumber business, over and above his liabilities, and $8,000 in real estate at Austin, encumbered to the amount of $500. �There is no evidence that Eichards' estate was less during the year of 1874, but it was ascertained on January 1, 1876, Eichards had lost, during the year 1875, about $6,000; and, heavy losses following, he became insolvent, and in October, 1877, was adjudged a bankrupt. �The assignee insista that the conveyance to his children by Eichards was in fraud of subsequent creditors. The land conveyed was subject to the mortgage to secure $1,800, the balance of the purchase price agreed to be paid Everest, and at the time of Eichards' bankruptcy ail but the last note of $500 had been paid. The land was improved every year by plowing and breaking up additional acres, fencing, etc., and it is urged that the testimony shows the money expended in improvements belonged to the bankrupt Eichards. I do not find such to be the case. An analysis of the evidence shows the following amount of money was laid out in improvements and necessary expenses, and the sources from which it came : ����