Page:North Dakota Reports (vol. 48).pdf/511

 imate value of the premises and the property she purchased, and that her husband received the same and used it for his own purpose.

True it is that business transactions between husband and wife should be carefully scrutinized in a proceeding challenging the good faith thereof, but this does not mean that every such transaction when so challenged must be looked upon as a badge of fraud. If in such transaction they acted in good faith, and it is not established that it was initiated and consummated with intent to defraud creditors, it is legitimate and valid; it is recognized by and receives the protection of law, the same as transactions between those not standing in a confidential relation or those not related to each other. First National Bank of Ashley v. Mensing, 46 N. D. 184, 180 N. W. 58.

The findings of fact of the trial court are clear, concise, and correct, and are adopted, together with such other facts as we have found as the findings of fact of this court. We conclude, therefore, that neither the sale of the premises heretofore mentioned (lots 7 and 8) nor of the personal property was with the intent to defraud any creditors and particularly the plaintiff.

There is no error in the record. The judgment appealed from should be affirmed. It is affirmed. Respondents are entitled to their costs and disbursements on appeal.

,, and , JJ., concur.

, J., dissents.

CITIZENS’ STATE BANK OF PINGREE, N. D., a corporation (A. H. Lindemann as Receiver, substituted as plaintiff by order of court), Respondent, v. EVEN SORLEIN and PETER NORLID, Defendants, PETER NORLID, Appellant.

Chattel mortgages—evidence held not to sustain counterclaim for conversion by mortgagee.

In this case the trial court dismissed both the plaintiff’s action and a counterclaim by Norlid, the appellant, against the bank for the alleged