Page:Federal Reporter, 1st Series, Volume 8.djvu/570

 556 FEDERAL REFOBTEB. �United States v. Geiswold and Wife, and others. �{Circuit Uourt, I). Oregon. August 12, 1881.) �1. FKA.Tn5ULEXT OoN VET ANCE— ADMISSIONS OP GbANTOB. �In a controversj between the creditors of a grantor and his grantee as to ■wliether a convenance to the latter was fraudulent or not, the acts and decla- rations of the grantor made after the conveyance and inconsistent with it, but Tvhile in possession of the premises or exercising control over them, are admis- sible in evidence to show the true character and purpose of the conveyance. �2. Conveyance Pbocueed by a Husband to his Wife. �A conveyance to the wife procured by the husband upon a consideration moving from himself, if made in good faith and intended as an absolute gift or post-nuptial settlement, is good as against the subsequent creditors of the latter ; but where it appears from the evidence that the conveyance to the wife is a mere device or contrivance to put the husband's property in his wife's name beyond the reach of creditors or the contingencies of business while he reraains in the possession, control, and enjoyment of the same as though the legal title was in himself, a court of equity will disregard such device and hold her as the trustee of her husband, and subject the property to the payment of his debts at the suit of his creditors. �3. GONVEYANCB TO WlFB. �The claim of a husband and wife that certain property once belonging to the former had been conveyed by his grantee to the wife for her own use upon a consideration moving from herself, considered, and disallowed as being incon- sistent with the conduct of the parties, and because of the improbable and con- tradietory accounts given of the transaction by said parties, and the property directed to be sold as that of the husband to satisfy the demand of a judgment creditor. �4. Unstampbd Contbtance. �An unstamped conveyance is not therefore void iinless the stamp was omitted with intent to thereby defraud the revenue. A conveyance is sufHciently stamped if stamped according to the actual consideration thereof, be that more or less than the nominal one. �5. Same. �In a suit brought to set aside a conveyance to the wife as fraudulent against the creditors of the husband, it is too late upon the hearing to raise the ques- tion that such conveyance or the record of it is void because the original is not duly stamped. �6. Lien op Judoment aitd Convetancb �Semble that section 268 of the Oregon Civil Code, which declares that a con- veyance of real property shall be void as against the lien of a docketed judg- ment unless reoorded within flve days from its execution, should be limited to ' cases where such lien was acquired in good faith, without notice of such con- veyance. �In Equity. �Addison C. Gibbs, B. F. Dowell, and Ru/us Mallory, for plaintiff. �E. C. Bronaugh, for defendant Jane 0. Griswold. �Before Sawybe, C. J., and Deady, D. J. ��� �