Page:Federal Reporter, 1st Series, Volume 7.djvu/894

 882 FEDERAL REPORTER. �Here the plaintiff has restated his case in the form of a bill in chancery, called "the amended bill," which lyas filed April 6, 1881. �The bill is entitled as one "in aid of execution," and the relief sought is that certain conveyances made by the defend- ant Jesse Applegate a,nd Cynthia Ann, his wife, to William H. H. Applegate and others, their children,of 1,011 acres of land in Douglas county, between the years 1867 and 1869, except «ne for 160 acres made in 1871, be set aside as fralldiilent and void, so that the same may be sold, and the proceeds applied upon a debt of $6,584.0& due the plaintiff from the defendant Jesse Applegate, upon a judgi^fiiit obtained by the former against the latter in 1878 for his share of a judgment obtained by the stateof Oregon against the plaintiff and said defendent on August 4, 1874, as the sureties in the officiai bond of Samuel E. May, secretary of state, dated August 4, 1866, and subsequently satisfiedby the plaintiff. '' ' �The bill alleges that the conveyanoe to the defendant "William H. H. Applegate was for 240 acres of said land, for the "apparent consideration" of $500; that said defendant, on Juhe 24, 1871, "deeded" 200 acres of the same to Charles Drain and John C, his son, for the nominal consideration of $500, "while the actual consideration was $2,000 in cash; that the consideration was expressed in the deed at the sum of f 500, "to conceal the value of the land, and' to cheat and defraud the creditors" o^ said J. A. by inating "the priee correspond" with that of the deed to said defendant William A. ; and that the stamp thereon is only 50 cents, instead of $2.00, as required bythe acttof oongress. And further, that each and all of said conveyances, including thoae to said William A. and Charles aad John G. Drain, "aj'e illegal and a fraud under"the revenue aet aforesaidjthait an inadequate consideration was expressed in eaoh of said deeds by the grantors and grantees with the intent of evading.the pro- visions" of said act; that each of saiddeeds is stamped with a stamp of the value of 50 cents and np more, although the grantors and grantees therein well knew that the land <ionveyed by each was at the date thereof worth more than ��� �