Page:Federal Reporter, 1st Series, Volume 8.djvu/579

 UNITED STATES V. GBISWOLD. 565 �the owners ; that during the time said property was owned by said J. M. A. and G. A. respectively, as aforesaid, they had the possession of the same, and received the rents and profits thereof from their agent, Chester N., Terry, and that at the time the "property was conveyed to my said wife I had no thought of taking the benefit of the bank- rupt act." �In an affidavit made by the defendant W. G. G-., in this litigation, on December 12, 1879, he stated that he filed his petition in bankruptcy in May, 1869, which he had no thought of doing until a few months before, when the failure of Sanger & Co., for ■whom he was indorser to a very large amount, compelled him to go into bankruptcy, and ■was the sole cause thereof. �On November 6, 1879, the defendant Jane 0. Griswold made and filed an affidavit in this case, upon the application for the appoint- ment of a receiver, in which she stated that in 1865, while visiting at Hartford, Connecticut, and while she believed her husband was worth more than $150,000, he gave her "a quantity of stocks and United States bonds and other securities, of the par value of $50,000 ; that "during the years succeeding 1865" her "husband beoame embarrassed, and frequently borrowed" from her, and within a year or 80 after said gift informed her that he would be compelled to sell the premises; that he did sell the same to said J. M. A., for which "money and bonds and other securities were paid to my husband by said Adams to the amount of $22,500," in her presence, at the time of signing the deed, less the amount the former owed the latter; that about a year afterwards she heard that the said J. M. A. was anxious to sell the premises at the same price he gave for them, and knowing that her husband had always regretted that he had been compelled to sell the property, and "at a sacrifice," "I was therefore anxious, if it were possible to do so, to purchase the said property, knowing I could phase my husband by so doing, and at the same time secure a judicious investment," and learning that "all cash was required," and "not having at the time enough money or bonds" with which to make the purchase, and being in Hartford, "I applied to Chester Adams, who was a man of means and a person whom I had known for year.-i, and whom I regarded as a friend," and asked him to purchase the property, which "after consideration he agreed to do" — advancing what was necessary for that purpose, in addition to "the bonds and other securities" given him by the affiant, and taking con- venance to himself ; that it was then agreed between said G. A. and ��� �