Page:Federal Reporter, 1st Series, Volume 5.djvu/325

 CHAPMAN W. SUCCESSION OF WILSON. 813 �probably so expressed Mmself to both ; that his belief is that Governor Chapman took the transfer because he considered Bradley, Wilson & Co. to be financially embarrassed, and in doubtful condition ; that he drew the marriage settlement himself, and believed it valid, and still thinks so, and -when the settlement was made he expressed that opinion to Gov- ernor Chapman; that he has cognizance of no faot impugn- ing the settlement between the parties. �On cross-examination he testifles that he had been the counsel for Bradley, Wilson & Co. for many yeara ; that he had also often been counsel for (jovernor Chapman, and is still his counsel in some pending cases; that, as he under- stood, the adjustment of the debt due from Bradley, Wilson & Co. to Governor Chapman, as it was made, was upon the idea that Bradley, Wilson & Co. were financially embarrassed, and not otherwise able to arrange it ; that the proposition of the settlement came from them, and the reason assigned by them for the proposition vras their inability to pay the debt in inoney; that Bradley and Bibb, who were then in Huntsville, ■where the settlement was made, represented the firm to be in embarrassed circumstances andunableto pay their indebted- ness in cash, and that this was the best settlement they could make ; and that Governor Chapman believed this to be so, or he would not have made the settlement, as he was desirons of coUecting the debt; that Bradley, Wilson & Co. were reputed in Huntsville to be in great financial embarrass- ment ; that Eichard Prewitt was largely insolvent at the time the settlement was made, and the only value attached to his notes and account, which were transferred to Governor Chap- man, grew out of the provision made for his indebtedness to Bradley, Wilson & Co., in the marriage settlement of May, 1866; that he does not remember that any representations were made by Bradley Wilson & Co. to Governor Chapman, at the time of the settlement, in regard to the lien created by the marriage settlement, as to its honafides and validity, but that he, Walker, told both parties that, in his opinion, said lien was hona fide and valid, and that it protected Prewitt'a in- debtedness to Bradley, Wilson & Co. to the extent of the value ����