Page:Federal Reporter, 1st Series, Volume 8.djvu/577

 UNITED STATES V. GEISWOLD. 563 �■wards Griswold engaged in speculation and was financially successfu] therein, and repaid his wife "a considerable portion" of the money borrowed of her, out of which she paid the said sum of $9,619.65, with interest, to the representatives of Chester Adams, and took the con- veyance of the premises from them to herself. He denies that from the time of the sale to J. M. A. he was ever in the "actual" or "con- structive" possession of the premises, or claimed them as his own, but admits that since the conveyance to his wife — December 30, 1870 — he has been in the actual possession and control of them, as her agent. She denies that from 1865 to February 12, 1868, Griswold had "the actual possession" of the premises or claimed the same as his own property, or that since said February 12th he bas had such possession as her agent ; and alleges that the rents were collected in the name of, and paid to, J. M, A. while he held the legal title, and until January 1, 1869, and thereafter until May or June, 1870, to said C. A., who accounted to her for them, when, by his consent^ they were collected and paid to Griswold, wbo, in 1870-1, expended about $5,200 of them in the repairs and improvements aforesaid. �On February 12, 1879, and before the commencement of this suit, the defendant W. C. G. was examined under oath before a commis- sioner of this court, under title 2, chapter 3, of the Oregon Civil Code, in aid of an execution to enforce a judgment given in the action aforesaid, for damages and forfeitures, on December 14, 1878, for the same amount as the subsequent one of July 30, 1879, and reversed on April 22, 1879, in which, as appears from the short-hand report of his testimony, he swore that he conveyed the premises to James M. Adams, in consideration of ten or eleven thousand dollars that he owed him, upon the understanding that when the money was repaid the premises were to be conveyed to his wife; that J. M. A. wanted hi? money, and an arrangement was made, with bis consent, by which Chester Adams advanced the sum due J. M. A. and interest, and took a conveyance of the property to himself, with the same under- standing, that when he was repaid he should convey the premises to Mrs. Griswold, and that he gave her the money to pay Chester Adams' representatives when she received the conveyance from them. �In this examination, which was long and exhaustive, — reaching to 407 questions and answers, — nothing was said or suggested that Gris- wold had ever given his wife any money, bonds, stocks, or anything else except the money paid to the representatives of Chester Adams, and he stated positiveiy that he never held any kind of government ��� �