Page:Federal Reporter, 1st Series, Volume 8.djvu/576

 662 FBDBEAL BEPORTEB. �set aside or annulled in a suit brought for that purpose, in the court where it was granted, by an existing and injured creditor or the officiai assignee. It cannot be otherwise or eollaterally attacked. Section 6120, Eev. St. ; Nicholas v. Murray, 5 Sawy. 323. �The bankruptcy of Griswold having occurred before the United States became his creditor, and the discharge therein obtained being in full force, the same may be laid ont of view, except as the fact may serve to throw light upon the motive and purpose of the convey- ances to James M. and Chester Adams, and the subsequent conduct of Griswold. And the plaintifif not having become a creditor of Gris- wold until after the execution of these conveyanoes, as well as the final one to Mrs. Griswold, cannot be heard to impeach them on ac- count of the fraudulent intent of the grantor, unless it appears they were also made with the intention to hinder, delay, or defraud subse- quent creditors. Reade v. Livingstone, 3 John. Ch. 501 ; Sexton v. Wheaton, 8 Wheat. 229; 1 Story, Eq. Jur. § 361; Dickv. Hamilton, 1 Deady, 329. �The defendants Griswold and wife claim by their answers, substan- tially, that in 1865, the former being quite wealthy and the owner of property in value largely in excess of his then indebtedness, gave the latter, as her own property, bonds, stocks, and securities to the par value of $50,000; that afterwards, and a few months before going into bankruptcy, Griswold borrowed several thousand dollars of his wife to aid him in his financial embarrassments ; that at the same time he sold the premises to said James M. Adams to enable him to pay debts and obtain money to use in his business, for, as he alleges, the following consideration : A debt of about $1,000, due from him- self to J. M. A. ; an agreement to pay a debt of $10,000, due one S. E. Jacobs, since dead; and a debt of $1,000, due some one else whose name is forgotten; and $10,000 or $11,000 in money and bonds, but in what proportion, or what bonds, he does not remember and cannot state. That soon after this said J. M. A. became finan- cially embarrassed and wished to dispose of the premises at the price which it is alleged he paid for them — $22,600 — and sbe, as she al- leges, believing that the property would appreciate in value, applied to Chester Adams, a wealthy friend, to assist her in purchasing the same, which he did, she advancing him "$12,000 or sdmething over" of the remaining bonds given her by her husband, and the balance, $9,619.65 — the portion of the Jacobs debt that J. M. A. had not paid — being paid by Chester Adams, to whom the conveyance was made in trust for the wife and as a security for that sum ; and that after- ��� �