Page:Federal Reporter, 1st Series, Volume 5.djvu/319

 CHAFMAN V. SUCCESSION OP WIL80N. 607 �tain lands therein conveyed were appropriated — First, to the satisfaction of Prewitt's indebtedness to Bradley, Wilson & Co., and after that to certain other designated purposes. À transfer to Chapman of this security -was embraced in Brad- ley, Wilson & Co.'s proposition for a settlement with him, as Prewitt was known to be insolvent, and the only value of hia notes and indebtedness consisted in this supposed security. �Chapman consulted on the subject of said proposition L» P. Walker, Esq. of Huntsville, Ala., a lawyer of standing and character, who had previously àt Tarions times been the at- torney of both parties, and -who on this occasion (as he testi- fies) acted as the^ mutual friend of both, but not as the attor- ney for either. He gave it as his opinion that the security was a valid one, he having drawn up the marriage settlement and being acquainted with the entire transaction, and being himself thereby secured in reference to a debt due from Prew- itt to him. Chapman thereupon consented to the proposed arrangement and the transfer was made accordingly, the notea being indorsed to Walker as agent of Chapman at the latter's. request, but indorsed "without recourse except as to the con- sideration ; " and the interest of Bradley, Wilson & Co. in the security created by the marriage settlement, and in the open account against Prewitt, being assigned to Walker in like capacity as agent for Chapman ; and the latter, in considera- tion of said transfers and assignment, executed a paper releas- iag and discharging Bradley, Wilson & Co. from ail liability in reference to their indebtedness to him. The present suit ia brought to set aside this settlement, and to make the estate- of Wilson' (one of the firm of Bradley, Wilson & Co,, now deceased) liable for the whole amount due, as though no settlement had been made. Chapman never received any money from the securities transferred to him. The Nimmo note was worthless at the time, Nimmo being at the time insolvent, and dying soon afterwards. The marriage settle- ment, which was the principal thing relied on, was attacked by other creditors of Prewitt, and sought to be set aside as being fraudulent and void as against them. �A mii for this purpoee was brought by one Lile, in Decem- ����