Page:Federal Reporter, 1st Series, Volume 6.djvu/451

 HOWE MACHINE 00, V. CliAYBOURN. 439 �The bill in this case is filed in aid of the execution, and to have the deed to Wilson A. declared void as against the creditors of Thomas K. Ciayboum. The proofs show that at the time of the conveyance the personal property on the farm belonging to Thomas K. was also conveyed ; and that the transfers and bond for support were in pursuance of a verbal agreement between the f ather and son, by whieh the son^ in addition to supporting bis f ather and mother, was to pay certain of the father's debts, including $1,817 of indebtedness to himself, which he was to and did surrender. Thomas K. was insolvent at the time of the conveyance to Wilson A., but the latter had no knowledge of that fact, and did not know of the liability of Thomas K. to complainant upon Abel's bond. If there had been no such indebtedness to complainant, Thomas K. had property more than sufficient to pay ail of his liabilities. �The 40 acres on which Thomas K. Ciayboum and his wife resided, worth $1,500, was exempt as a homestead, and as the deed was not executed by the wife of Thomas K-, it was void as to such homestead. The amount of Thomas K.'s debts. which Wilson A. was to pay, including those owing to himself, amounted to about $4,000, of which he paid about $2,800 prior to any notice of the existence of complainant's claim, and since then he bas paid nearly ail the balance. �It is manifest that Thomas K. reserved a secret benefit to himself when he conveyed his property to his son. �The deed stated the consideration received to be $4,000 ; but a further consideration not expressed was the support which the grantor and wife were to receive from the grantee, — a benefit reserved to the grantor, and not disclosed by the conveyance. The value of the real estate described in the deed of conveyance was $6,400, and of the personal property $160. There is, however, no testimony, save the transaction itself, tending to show that the son knew anything of any indebtedness against his father other than such as the son agreed to pay. Wilson A. Claybourn testifiea that he knew ��� �