Page:Federal Reporter, 1st Series, Volume 5.djvu/73

 IN EB ESTES. 61 �and as iudivicluals, were adjudged bankruptB by the district court of Oregon. ' > �■ lin May of the previous yeai:, 1876, Estes was the ownerof anundivided half interest in certain real property in the city of Portland, in that state; and, being at the time insolvent, he conveyed the same, subject to a mortgage thereon, to one Cole, with intent to hinder, delay, and defraud his creditors. Subseqnently to this conveyaiioe several judgments were. ob- tained by different parties against the bankrupts as partners; and one judgment wasi obtained against Estes individually, ail of which were duly docketed in the cQunty where the prop- erty was situated, so as to become a lien upon it, if, after the oonveyance, it oonld be subject to the lien of the judgments. In December, 1879, the conveyance was set aside by the decree of this court in a suit broiight by the assignee of the bankrupts; and afterwards the property was sold by him, free from ail liens except that of the mortgage mentioned, and the proceeds he now holds for distribution. �Of the claims proved against the estate of the bankrupts, over $8,000 are against Levi Estes individually, of which $836 are in judgment; and over $11,000 are against the bankrupts as partners, of which $4,361 are in judgments. The assets in the hauds of the assignee for distribution are about $6,000, ail of which have been derived from the sepa- rate property of Estes. The question for decision is whether the judgment creditera acquired by their judgments a lien upon the real property of Estes, so as to entitle them to these assets in preference to the other creditors. The district court held that they did not acquire a lien on the property by their judgments, and that the assets must be applied to the pay- ment of the claims against Estes' individual estate, with- out regard to their asserted liens. The judgment creditors have, therefore, brought the case to the circuit court on writ of error. The statute of Oregon concerning fraudulent con- veyances is similar to that of other states, and is taken sub- stantiaUy from section 5 of 13 Elizabeth. It provides, among other things, that every conveyance of any estate in lands "made with intent to hinder, delay, or defraud creditors of ����