Page:Federal Reporter, 1st Series, Volume 6.djvu/450

 438 FEDERAL REPORTER. �HowE Machine Co. v. Claysouen and others. (Circuit Court, W. D. Michigan, 8. D. February 16, 1881.) �1. FBAXIDUIiBNT CONVETANCE — QUESTION OP FaCI— MlCHIGAN STATUTS. �The question whether a conveyaace is made with intent to defraud ereditors is, in the first instance, a question of fact, under the ilichi- gan statute. �2. Bame— Rebekvation of Secret Benbfit. �The reservation, therefore, of a secret beneflt, upon the execution of an absolute conveyance, does net neceasarily render such conveyance fraudulent aa to ereditors. S. Same— Same. �The land, however, may be chargea in equity with the beneflt re- served. 4. Same— BoTiA Fidb Pubchabeb. �The fraudulent mtent of the grantor cannot afleot a bmafide pur- chaser without notice. — | Ed. �In Equity. �Albert H. Standish, for cotnplainant. �Edwin Bacon, for defendant. �WiTHEY, D. J, Defendant Thomas K. Claybourn became surety in a bond for ono Abel to the plaintifif, in 18I3, for $3,000. In March, 1879, complainant obtained judgment on the bond against the makers, issued execution, and levied, May 8, 1879, upon 160 acres of land as Claybourn's. In December, 1877, this property was conveyed by Thomas K. to his son, Wilson A. Claybourn, by warranty deed, for the expressed consideration of $4,000. On the same day the lat- ter executed a bond to Thomas K. and Ann Claybourn, his wife, in the penalty of $6,000, for their support during their lives. The condition recited that a conveyance of land had been made under an agreement by Wilson A. to support his father and mother. The wife of Thomas K. did not join in the conveyance. The lands eonstituted the farm of the grantor on which he resided. Graham is made a defendant as mortgagee, Wilson A. having executed to him a mortgage on the farm, March 1, 1878, to secure payment of $1,600, money borrowed. ��� �