Page:Federal Reporter, 1st Series, Volume 5.djvu/238

 220 FEDEBali BEPOBTEB. �which may be herein obtained against hîm, to-wit : a band of eheep containing severa,! hundred head, and now in the possession of the defendants Jeremiah, James Madison, and Albert EUiott, and Frank Williams, alias Moses Elliott; and donation claims situate in Jackson county'and numbered 62 and 83, and containing 320.10 ànd 319.98 acres respectively, and by said Jeremiah, on November 11, and December 22, 1873, procured to be conveyed to the defendant Arty Mesy, bis wife, with intent to binder and defratid the plaintiff, 100 acres of which was afterwards conveyed to the defendant Albert Elliott, without consideration and with the like intent. �The bill stàtes that the defendants, except Deardoff, are citizens of OregOn, and that he bas gone to parts unknown, q,nd prays that if he cornes within the jurisdiction be may be made a party if neciessary ; that the defendant Frank "Will- iams is in fact Moses Elliott, and that the plaintiff did not discover the alleged fraud until within 18 months prior to the commencement of this suit. Only Jeremiah Elliott and wife, and James Madison Elliott, were found within the juris- diction and served with a subpœna to answer. The defendant James Madison Elliott answers, disclaiming any interest in the sheep or real property, except a leasehold interest, which will terminate on October 31, 1881, in donation No. 82, jointly with his brother Marion Elliott, for which they pay Arty Mesy one-third of the crop. �The defendant Jeremiah and his wife answer jointly, admit- ting that in 1870 the plaintiff, by its agent, resident in Ore- gon, 0. B. Gibson, insured the life of tbeir son, Moses Elliott, for $8,000, and that said Moses soon after assigned and transferred the policy tberefor to the defendant Jeremiah, but aver that said policy was nuU and void, because the plain- tiff was not then authorized or qualified to do business in Oregon; that on June 24, 1871, said Moses was drowned in the Columbia river, and that in consequence of the claim and representations to that effect, contained in the affidavits of said Jeremiah and Deardoff, the plaintiff at Portiand, Oregon, on October 1, 1873, paid said Jeremiah, as the assignee of said Moses, on account of his policy and death, $7,931.97; ����