Page:Federal Reporter, 1st Series, Volume 2.djvu/455

448 FEDERAL REPORTER. �McCbart, 0. J., (orally.) This is an action for damages by a, father, who seeks to recover from the railroad company by reason of negligence in causing the death of a minor son, Ihere is a demurrer to the petition. �The supremo court have deeided in a recent case that thero «an be no such rocovery in the absence of a atatute. �The demurier will be sustaiued. ���Bbnton, Assignee, etc., r. Allen and otiers, �{Oircmt Courte D. New HampsMrt. May, 1880.) �Bankruptct — Assignee — Action bt, to Vacatb Convbtancb.— In an action by an assignee in bankruptoy to vacate a conveyancemade by the banltrupt asbeing infraudof creditors, the burden of proof is upon him to prove such fraud clearly and deciaively. �Bame — Same — Same — SuFPiciENCT OF EVIDENCE. — Evidence in this case held insufflcient, as against the sworn answers of defendants, to show a conveyance made by a bankmpt to have been in fraud of creditors. �Action to Vacate Convbtancb — Relief Dknibd.— Prayer that one of defendants be required to pay amount of a certain note to complainant as assignee, and that the other defendant be required to surrender the game to complaiuant, denied ; it appearing that the holder of such nota was dead, and the malier thereof had a valid set-ofl to the same, and it had been adjusted between the parties. �Bame — Parties. — In an action by an assignee in banlcruptcy to set aside a conveyance made by the bankrupt upon the ground the samo ia fraud- ulent as to creditors, the bankrupt is not a proper party. �In Equity. �H. Heywood and H. S. Clark, for complainanta. �Ray, Dreio d; Heywood, for defendants. �Clark, D. J. On the seventeenth day of October, 1873, Horatio N. Allen was seized of certain lots of land in the town of Stratford, in the county of Coos, in the state of New Hampshire. �On that day, by deed of warranty, he conveyed these lots of land to Willis Wilder, of Bethlehem, in the state of New Hampshire, and Richard H. Wilder, of Guildhall, in tho state ����