Page:North Dakota Reports (vol. 1).pdf/91

 Bank of Devil’s Lake as collateral security to a loan of $290, which loan was also secured on the quarter section of land hereinbefore mentioned; that $1,400 of said bills receivable, was held by the Merchants’ National Bank of Devil’s Lake as collateral security to the mortgage debt hereinbefore mentioned against the homestead of said Lee; that the face value of the book accounts and bills receivable, above mentioned, on December 6, 1888, was $12,330.61; that the transaction of December 6, 1888, between Lee and the plaintiffs was made with the intent to hinder and delay the creditors of said Lee; that the amount of the defendant’s attachment liens is $2,536.19, for which amount judgment was entered in said case on December 7, 1888; that the whole transaction between Lee and the plaintiffs was evidenced by the written bill of sale, lease, and oral agreement hereinbefore stated, and there were no other writings ever made in connection with said transaction; that the plaintiffs, to prove the terms of the contract of December 6, 1888, between themselves and Lee, introduced the bill of sale and lease above mentioned, and proved the oral agreement above mentioned.”

The evidence is before us, and we have carefully examined the same, and find that the findings of fact are amply sustained by the testimony. The plaintiffs put in evidence all the circumstances of the transaction whereby Lee turned over to plaintiffs all of his merchandise, store fixtures, book-accounts, and bills receivable then in his store, and also the fact that an absolute bill of sale was made to them by Lee as a part of the transaction, and that plaintiffs filed the same for record; also that plaintiffs by written lease, leased the store of Lee; and finally the plaintiffs’ witness, one Stockdale, who represented the plaintiffs in the transaction in question, testifies to the making of the contemporaneous parol agreement whereby Lee directed the plaintiffs to convert the property into cash, and with the proceeds pay certain debts of Lee’s, and turn over the surplus to Lee. On his direct examination Stockdale testifies as follows: “I was to take possession of the stock of goods, and take possession of all the stuff, and dispose of the property to the best advantage that I could, and pay off our claim, and the claim of the bank here, and turn over the balance to Mr. Lee.