Page:Federal Reporter, 1st Series, Volume 9.djvu/106

 PLATT V. MBAD. 91 �bankrupt having offered to pay them and they having refused it. Under these ciroumstances, while the resuit has proved unfortunate to these creditors, they have no good cause of complaint against the bankrupt and should not be allowed to attack this deed to his wife, which was only a reasonable and proper provision for her and her family as then situated. �The complainant invokes the provisions of chapter 61, § 1, Eev. St., which declares "that when property is conveyed by the husband to his wife without a valuable consideration made therefor it may be taken as the property of the husband, to pay his debts contracted before such purchase." This provision was before the supreme court of this state for consideration in Winslow v. Galhraith, 60 Me. 91, and it was held "that it must not only appear that the property came to the wife from the husband, but that it was fraudulent as to creditors." The case of French v. Holmes, before cited, is of similar effect. �The resuit, therefore, is that the complainant fails to Bustain his case, and the bill must be dismissed ; but as the assignee is without any funds belonging to the estate costs are not awarded against him. ���Platt, Assignee, etc., v. Mbad and others. (District Court, 8. D. Nm T<yrk. July 18, 1881.) �L BaSKETJPTCT— FRATTOUI/HITr CONVBYAKCES— EXISTINO AND SUBSEQUENT CbBD- �rroRS — Pleading— Prima Pacib Cabe. �An assignee in bankruptcy maltes out a prima fade case for resorting to real estate, with the improvements that have been made thereon since its acqui- sition, to subject it to the payment of debts contracted subsequently to the time of its acquisition as well as before, by alleging the existence of the indebted- ness; that the property was purchased by the bankrupt, and the consideration therefor was paid by him, but that the title was taken in the name of the wife ; that a judgment had been recovered by the prier crediter, and an execution thereon had been returned unsatisfied ; and that the bankrupt had conveyed the property with intent to defraud both prier and subsequent creditors, with- out consideration, to a grantee with knowledge acting in collusion with htm. 2. Pleading — Intent to Defraud. �An averment of an inteat to defraud is one of fact, not one of a conclusion of law. �In Bankruptcy. Demurrer to amended bill of complaint for waut of equity. �Nelson Smith, for complainant. �P. W. Ostrander and IVm. W. LadcL, Jr., for defendants. ��� �