Page:Federal Reporter, 1st Series, Volume 8.djvu/578

 564 FEDERAL REPORTER. �securities except some "Oregon claim bonds," wbich he sold, and tliat he never had any "government loan bonds, " except wben he was in the hat business in the firm of Murphy & Griswold, wben thej used to receive them in payment of goods and dispose of them at once. �On March 25, 1879, and after the commencement of a suit similar to this to subject this property to the judgment of December 14, 1878, aforesaid, which was dismissed when said judgment was reversed, the defendant Griswold made an affidavit prepared by counsel, which was offered and read in that suit by the defendant Jane 0. Griswold, upon the application of the plaintiff for the appointment of a receiver therein, in which he stated that in 1865 he was engaged in the man- ufacture of bats and caps in New York, and was solvant and worth $150,000, of which $50,000 was in stocks and bonds of the market value of $35,000 that he did not need in his business, and therefore gave to his wife, but that in 1866 he engaged "with other persons in the sale of merchandise" at Galveston and Memphis, and to enable him to carry on such business "more successfully" he borrowed from his wife "the stocks and bonds aforesaid and used them" therein; that in 1867 and 1868, "owihg to the general depression in busi- ness," he "met with heavy loases," amounting to about $125,000, and in 1869 was compelled to go into bankruptcy; that in 1867 he was indebted to James M. Adams about six or eight thousand dollars, and sold him the promises for $22,500, that being "the reasonable value" thereof, which sum was paid as follows : By the discharge of said indebtedness, the delivery of United States bonds of the value of $10,- 000, which he then transferred to his wife in part payment of the loan aforesaid, and by the payment of the balance in money; that such sale was absolute, but said J. M. A. verbally promised to allow Griswold to repurchase the property for the same price within a year if he was able, which he could not do; that in 1869, Mrs. Griswold being desirous of purchasing the property, said Chester Adams, a wealthy relative of hers, proposed to take a transfer of said $10,000 of United States bonds, and advancing the balance, buy the same on her account, and take the title in his own name and hold it as secu- rity for the advance, which was done ; that afterwards said advance, amounting to about $9,600, was repaid by her to the executors of said C. A.,who thereupon conveyed the premises to her, and that ever since she bas been and is the owner of the same, and entitled to and bas received the rents and profits thereof, and at no time since the said sale to J. M. A. "have I ever had any claim upon or interest in said property, or exercised any control over the same" except as agent of ��� �