Page:Federal Reporter, 1st Series, Volume 3.djvu/451

 4A.4 FEDEBAti BEl^OBTEB. �In addition to the business of buying and sellîng lumber, Eiehards, about 1875, before bis bankruptcy, with associates, built a saw-mill, which burned down a short time after it commenced trork. This misfortune impaired, to some ex. tent, bis ability to meet bis debts and pay losaes, for, in order to obtain the means required to put into this enterprise, he mortgaged a part of bis property, and after the fire borrowed money, and gave mortgage seeurity tberefor, to pay the losses. There is no evidence, however, to show that Eiehards, at the time he gave his daughters the land, or at the time he invested a small sum in improvements tbereon, contemplated the erec- tion of a mill, or engaging in such enterprise, and although I take into aecount the pecuniary condition of Eiehards during the entire period of time when these several gifts were made, the nature of this particular enterprise eannot be considered, for he did not intend at the time to embark in it. �The volume of testimony is so great that I can only briefly elaborate the facts. I bave done tbia so far as it was nee- essary to apply the rules wbich must govern the decision. �There is notbing in the case whioh, to my mind, brands the conveyance as absolutely void or voidable, as no actual fraudulent intent, on the part of Eiehards, is shown when he made the gift. �The amount laid out by Eiehards did not impair his es- tate to such an extent as to be a fraud upon subsequent cred- itors, and under the circumstances the conveyance is not illegal and void. �A decree will be entered dismissing the bilL ���{Circuit Court, D. Minnesota. June, 1880.) Appbal fbom District Coubt. �McCeabt, C. J. The facts are fully and accurately stated In the opinion of the district judge, wbich is given above, and it is therefore only necessary that I should state my con- clusions : �First. At the time Eiehards purchased the farm in cou- ����