Page:Federal Reporter, 1st Series, Volume 5.djvu/765

 LEE V. HOIjLISTEB. 753 �autenuptial agreement. Before H. received any part of her estate, he promised to invest an amount equal to what he received in real estate for her use, and place the title in ber name, and this promise was frequently repeated and recognized up to the time the conveyances were made. At different times before 1866 the husband received varions sums of money from his wife's guardian and her father's executer, and from the sale of her slaves and land. At the time of his marriage he was in a good business, and continued to im- prove his fortune until af ter the conveyances were made. In 1874 he sold ont his interest in business to his partners, and received as part of the consideration the two lots in controveray, which he had conveyed directly to his wife. He was hot then embarrassed, and did not be- come 80 until subsequently ; and there was no evidence of actual fraud. At the time said conveyances were made, H. was surety on a note for $S,000 to the Covington National Bank. The Kentucky statute against fraudulent conveyances (Gen. St. e. 44, } 2, p. 488) pro- vides that every " conveyance * * * made by a debtor, of * * * his estate, •vfrithout valuable consideration therefor, shall be void as to allof histhen-existing liabilities, but shall not, on thataccount alone, be void as to others creditors whose debts or demands are thereafter contracted; * * * and thmigh U be adjudged to be void aatoa prier creditor, it shall not, ther^ore, bedeemed to be void as tostich subsequent creditors." �JUBISDICTION OF COUBT OF EqUITT. �HM, (1) that a court of equity has jurisdiction of such a suit. HtrsBAND's Mabital Rights— Wifb'8 Monky — Valttablb Consibeb- �ATION. �(2) As the husband was entitled by virtue of his marriage to his wife's Personal estate, that her consent to collect her money was not a valuable consideration for such conveyance. �WiFB'B Real Estate and Slaves — Vautablb CoNBroERATioN. �(3) As by the Kentucky statutes the wife's slaves, like her land, could be disposed of only by her uniting in the conveyance, that, to the extent of the money which he received from the sale of her land and slaves, the conveyances were supported by a valuable considera- tion. �Vaidablb Considbkation— One Debd Sustained. �(4) As the proceeds received from the land and slaves, with interest, amounted to about the sum recited in each deed as its consideration, and from the acknowledgment of one it appeared to have been exe- cuted first, that such conveyance was supported by a valuable con- sideration, and would not be set aside. �Pryor, Assignee, v. Smith, 4 Bush, 379 ; Darnaby v. Dwrndby, 14 Bush, 485, distinguished. �Second Convetance— Without Valuable Conbidbbation, Von> AS TO ExisTiNQ Debts. �(5) That the second conveyance was without valuable considera- tion, and that under the Kentucky statute against fraudulent con- �V.5,no.9— 4S ����