Page:Federal Reporter, 1st Series, Volume 8.djvu/512

 498 FEDBBAL BBPOBTEB. �of $10,000, bearing date June 4, 18T7; and on June 4, 1878, said Griswold mortgaged said blook 18, and said lots 1, 2, 3, and 4, in block 36, with the water-power and appurtenances, to the defendants W. Lair Hill, George H. Durham, and H. Y. Thompson, to secure the payment tothemof his note for $10,000, given as a fee for defending the action aforesaid against him. On December 18, 1878, Griswold mortgaged said lot 8, in block 10, to Ladd & Bush, to secare the pay- ment to them of a debt of $306.25, with interest thereon. �On January 6, 1879, Griswold voluntarily appeared and confessed judgments in the county court of Marion county in favor of Ladd <fe Bush for $348.82, and the defendants A. Kelly, Thomas A. Mauzy, W. G. Woodworth, William H. Watkinds, Benjamin Hay- den, William H. Holmes, and James W. Nesmith for the aggregate sum of $3,223.13. On January 7, 1879, Hill, Durham, and Thomp- son commenoed a suit in the circuit court for the county of Marion to foreclose their mortgage, and made the defendant Gris- wold and L. & B., and the other persons to whom judgments were confessed as aforesaid, defendants ; in which, on February 11, 1879, there was a decree given that L. & B. recover of the defendant Griswold the sum of $3,816.16, and H., D., and T. the suni of $9,365.42, the balance due on Griswold's note, and that the premises described in the mortgages be sold toisatisfy the same and costs; in pursuance of which they were sold by the sheriff to the defendant Hill, on March 22, 1879, for the sum of $13,500. On February 22, 1879, said lot 8 was sold to the defendant Burnett for the sum of $368, upon an execution issued out of said county court upon the judgment therein, aforesaid, in favor of L. & B. ; and afterwards said L. & B. foreclosed their mortgage upon, said lot 8, making the defendants Griswold and Burnett parties defendant to the suit therefor, and, uponprocess issued upon the decree therein given for said L. & B. for $374.37, said lot 8 'and the west half of said lots 1, 2, 3, and 4, in block 73, were sold to said Bush for $388.94. �During the years 1878-9 Griswold purchased varions "Oregon In- dian war claims, and other government debts and claims, and to cbn- ceal them from the plaintiff" took the assignments thereof to his nephew, the defendant Edward Chamberlain, and the defendant J. H. Alberts, for which the latter, on November 29, 1879, gave his note to said Griswold for $1,677. �The bill also alleges that the_ mortgage to L. & B. for $10,000 was given and received in so much iarger a sum than the real indebted- ness of Griswold to L. & B., to enable him to hinder and delay the ��� �