Page:Federal Reporter, 1st Series, Volume 5.djvu/896

 884 FEDERAL REPORTER. �found whereon to levy;" that the plaintiff, as such security, did, on the thirtieth day of February, 1870, pay on said judgment the sum of $1,928.90, in fuU, of said judgment, except costs, and on the fourteenth day of April, 1870, he paid the costs, amounting to $27.92; that the plaintiff, on the twenty-sixth day of January, 1870, procured an execution to issue upon said judgment against the said Daniel Brown, •which said execution, for the want of goods and chattels belonging to said Brown, was levied upon certain-deseribed real estate. The petition alleges that on the twenty-sixth day of June, A. D. 1868, the said Brown, being largely in- Tolved in debt, and in order to hinder, delay, and defraud his creditors, and prevent the collection of claims against him, and particularly the claim of the plaintiff, did make and exe- cute a deed for said real estate to his son, Cyrus T. Brown, and the said Cyrus T. Brown did, on the same day, execute a deed, and thereby convey the same real estate to his mother, wife of said Daniel T. Brown; that said conveyances were kept secret, and the said deeds were not recorded or presented for record until about the twenty-ninth day of August, 1869; that said conveyances were fraudulent and without consideration ; and that the other of said defendants had or claimed to have liens of various kinds upon said prop- erty, by judgment or otherwise; and that said conveyances were a cloud upon the title of the said Daniel Brown. �The prayer of the petition filed by said plaintiff in said case was that said defendants answer, setting up their claims, and that the said conveyances of Daniel Brown to Cyrus Brown, and of Cyrus Brown to Eliza N. Brown, be set aside and declared null and void, and the said real estate be sub- jected to the payment of the indebtedaess of the said Daniel Brown, according to priority, and for general relief, �The petition shows that the cause was tried upon the pleadings and evidence by the eommon pleas court of Miami county, at its October term for 1870, and a judgment was ren- dered, finding the amount of $2,072.83 due the plaintiff, and that the conveyances were void as against said claim, and or- dering the property sold in satisfaction thereof ; that the de. ����