Page:Federal Reporter, 1st Series, Volume 5.djvu/767

 LEE V. HOLLISTER. 75^ �hoTrever, not material, as HolUster took and used the* negroes as his own property. �Hudson HoUister was, at the time of bis marriage and the time he p^omised his wife as stated above, in a good business, with a fair capital, and he continued to improve his fortune until some time af ter the conveyance of January, 1874. He sold out his interest in his business to his part- ners in January, 1874, for $25,000. He reccived as part of the purehase money the two lots in controversy, which he had coiiveyed directly to his wife. These conveyances are dated January 26, 1874, and each recites a cash consideration of $5,000 paid by Mary H. HoUister. The firra from which HoUister retired was prosperons, and was abundantly able to and did pay aU of its debts. HoUister himself was not embarrassed or largely indebted. He became embarrassed subsequently, and on the sixteenth day of April, 1878, flled his petition to be declared a. bankrupt, and he was so ad- judged, and complainant appointed his assignee. i ihe City National Bank of Covington has proyen a debt against the bankrupt for $5,000. This is a joint note of HoUister and his brother-in-law, W. W. Leathers, payable to the bank, dated Pebruary 23, 1878, at four months. It ap- pears that a similar note was executed by these parties dated January 10, 1873, which was discounted by that bank, and has been renewed from time to time, at intervais of four 'months, untU the note of February 23, 1878, was executed. These notes were joint, and were in faet for the benefit of Leathers, who obtained ail the money from the bank. �The assignee, Lee, has broughtthis suit for the purpose of setting aside these conveyances by the bankrupt to his wife, as voluntary and without consideration, and as such void as to this debt of $5,000, which is claimed to have beeç a sub-, sisting one at the time of the conveyances. His original biU asked that these conveyances be declared fraudulent and void as ,to the debt of the bank, and that the property be subjected to the payment of the bank's debt and interest. He subse- quently filed an amended bill alleging that these conveyances were fr^iudiilent as to ail of the bankrupt's croditors, and ����