Page:Federal Reporter, 1st Series, Volume 5.djvu/774

 762 FEDERAL REPORTER. �delay, or defraud creditors, then they are fraudaient and void as to ail creditors, subsequent as well as prior. In such a case the proceeds of the property, thus conveyed, would and should be divided between creditors pro rata. - But when there is no such intent, and the conveyance is void beoause of the enactment of the second section of the statutë, I think the existing creditors should have priority; and, if there is any balance after paying the existing debts, it should go to the wife of the bankrupt. Todd v. Hwrtley, 2 Met. 207. The right of the wife to this balance should be recognized, because of the language of the statute, and because of her equity. �The complainant's bill as to the conveyance by Eandall to her (Mrs. HoUister) is dismissed without costs, and the con- veyance to Mrs. Hollister by Sinclair is set aside, and the property ordered to be sold, and the proceeds applied to the payment of the complainant's costs ; the debt due the national bank, $3,952, without interest, and the balance, if any, to be paid over to defendant Mary H, Hollister. ���Kbmna V. Bbookhaus and others. {Circuit Court, E. D. Wiseonun. January, 1881.) �1. Change ov Citizbnbhip. �" To eflfect a change of citzenship from one state to another, there must be an actual retnoval, an actual change of domicile, with a bona flde intention of abandoning the former place of residence and estab- lishing a new one, and the acts of the party must correspond with suchpurpose." �2. Same— Iktentiou— EviDiaiCE. �In such case the party may testily to his mtention where there has been an actual removal. �3. Same — Tbmpobart Rbttjbn. �In such case a temporary return to the former place of residence, with views and for obi'ects merely temporary, does not revive the former citizenship. ����