Page:Federal Reporter, 1st Series, Volume 8.djvu/580

 566 FEDERAL REPORTER. �aflSant that he was "to collect the income" of the property, and "apply it on account of the money he had advanced," for whieh she was to pay him 10 per centum interest, and when fully re-imbursed for his advances he was to give her "the deed to said property;" and that she or her "agent" paid said C. A., at different times, "the whole of the purchase price — $22,500 — for said property; the last payment being made some years afterwards," but at what "date she cannot specify positively," when the deed was delivered to her. �The defendants read the depositions of three witnesses from New York, from which it appears that they were creditors and friends of Griswold when he went into bankruptcy, and that he has since paid them in full ; that they then knew of the sale to J. M. A., and that the other creditors did, but upon the latter point their knowledge is very indefinite and wholly negative, and entitled to but little weight. One of them, who was in the employ of Griswold, was present when the sale to J. M. A. was consummated and the deed delivered, and from the proceeds he received "some money" that Griswold owed him. Gris- wold objected to the stamp on the deed as being of greater value than was necessary, but the witness and another person present, who was "waiting for money from the same source," volunteered to pay for the stamp, and this trouble was obviated. Another, the junior partner of the lawyer in whose office the conveyanoe was prepared, states that Mrs. Griswold once left at his office 13 f 1,000 United States bonds, while endeavoring to effect, as she said, the repurchase of the prom- ises from J. M. A., but afterwards took them away, saying she was going to get Chester Adams to make the purchase for her. �In brief, the case made by the plaintiff is an apparent sale by a man in business of a valuable property to a relative of his wife for much less than its actual value, with a promise on the part of the vendee to allow the vendor to re-purchase at the same price within a year, which was accomplished substantially within the time by another relative and particular friend of the wife, taking a conveyance of it to hold for her until he was paid in advance; that at the date of the alleged sale the vendor was financially embarrassed, and in a year and 10 days thereafter went into bankruptcy, and within a j'ear and six weeks from his discharge in bankruptcy a conveyance of the property is made to his wife in pursuance of the understanding with the: grantee in the second conveyance, upon the payment by her of less than half of the nominal consideration of the original conveyance by the hus- band, and, during all this time and down to 1878, the vendor remains ��� �