Page:Federal Reporter, 1st Series, Volume 6.djvu/454

 4i2 FEDERAL REPORTER. �the purpose of the grantee was to aid the grantor in perpe- trating a fraud upon his creditors. Did he buy recklessly or with guilty knowledge, or, which is the same thing, with such knowledge as would put a prudent man upon inquiry? Clements v. Moore, supra. The actual secret intent of the grantor, however bad, cannot affect a bona fide purchaser without notice. Astor y. Wells, supra; Hollister v. Loitd, 2 Mich.313. �Tbe grantor was not reputed to be insolvent. There is nothing in the proofs to show that he was put on inquiry, and ail debts were understood to be arranged, and therefore there can be no presumption either of law or fact that on the grantee's part the purchase was with a fraudulent intent. I cannot, therefore, set aside the conveyance, but the land may be charged with the value of the benefit reserved by Thomas K. The statutory homestead, of the value of not more than $1,500, did not pass to Wilson A., for the reason already stated. The title to the residue of the land did vest in him, subject to dower rights. But so much of the purchase price of the land as was reserved for the support of Thomas K. and his wife, and not paid or satisfied, can be reached by complain- ant in this suit. In his behalf, as a crediter at the time of the transf er of the property, equity will declare a lien upon the land, subjet to Graham's prior mortgage lien, The case will be referred to a master to state and report what portion of the purchase price reserved for the benefit of Thomas K. and his wife remains unpaid, and on the coming in of the report complainant will be entitled to a final decree fixing the sum and declaring the lien, with authority to sell, etc. ��� �