Page:Federal Reporter, 1st Series, Volume 7.djvu/899

 GILMAN V. PEEKINB. 887 �of $320, of which $220, or $245, bas been paid, and deliv- ered him possession thereof, with a paper writing in the form of a deed, but without a seal, wbioh bas been illegally admit- ted to recotd ; and the prayer of the bill is that S9,id writing be declared "inferior" to the lien of the plaintiff's judgment, or that said Jonas be required to account to him for the balance due on said purchase. �The bill does not allege that J. E. had any notice of the alleged fraudulent character of the eonveyance to his grantor, and therefore his purchase in -writing, even if it does not amount to a full and formai eonveyance, is good against the plaintiff, except as to the unpaid purchase money. For this the plaintiff may, if he makes out his case against Putnam and J. A., have a decree that J. B. pay the unpaid purchase money to him, and that he have a lien upon the land to secure the same. Wood v. Mann, 1 Sumn. 507; Flagg v. Mann, 2 Sumn. 563; McNeilV. Magee, 1 Mass. 269; Story, : Eq. Jur. § 64c; § 1503, a, h. �The demurrer of Charles and John C. Drain is sustained, , and that of EUensburg is overruled. ���GiLMAN V. Pebkins and others. �{Cvreuit Court, N. D.lUmois. July 16, 1881.) �1. FEDERAL Court — Comity of, Towaedb State Cioxjrt — Whek to.bb �Takbn Advaktage of. �To take adva&tage of the comity which, wheu certain facta exist, a federal court will exercise' toWards a state court with concurrent ^ jurisdiction, the point must be reasonably urged. After a trial of the action on its merita it is too late. �2. Same— Same— Same. �An action of replevin was brought in a federal court, against ihe defendants therein, for the recovery of certain Personal property, Among the pleas interposed was one reading substantially as folbws ; That the defendant Perkins levied upon the property as that of pne Lee, by virtue of a writ of attachment issued out of the circuit court of Rock Island county, in the state of Illinois, in a suit wherein Lee was a defendant, and the Topeka National Bank, of Topeka, Kansas^ ��� �