672 FEDBBAL EEPOBTEB. �bankrupt to respondent, and subsequently sold by the latter. An answer was filed denying the fraud, and the case was re- ferred to an examiner to take testimony. �The testimony on behalf of eomplainants was to the effect that in Aiigust, 1875, Eamsey became insolvent; that bis Personal property was sold at that time at sberiff 's sale, under an execution against him, and that the respondent attended the sale; that on September 1, 1875, Eamsey con- veyed to respondent for the nominal consideration of $1,500 a lot of ground and building worth |4:,000 above a ground rent which was upon it; that on October 6, 1875, a petition in bankruptcy was filed against Eamsey, under which he was adjudicated a bankrupt ; that afterwards, upon a demand being made by the assignee for a reconveyance of the real estate, respondent had said. that Eamsey had corne to him and wanted him to take a deed for the property, because if he did not take it his (Eamsey's) creditors would get it, and that he (Eamsey) preferred that respondent should bave it ; that respondent had also admitted that he paid no consid- eration for the property. �The testimony on behalf of respondent was to the effect that about September, 1875, Eamsey requested Solomon A. Kneedler, the father of respondent, to purchase the property, and that the latter agreed to purchase it for $1,500; that Solomon A. Kneedler then applied to respondent to allow title to be taken in the latter's name, and respondent con- Benting, a deed was executed to him, but that he paid no consideration and took the title merely in trust for his father; that Solomon A. Kneedler then employed a conveyancer \ j make searches, when it was discovered that thsre were arrear- ages of ground rent, taxes, etc., against the property amount- ing to more than $1,500.; that Eamsey then agreed that Solomon A. Kneedler should bave the property for the arrear- ages ; that subsequently and more than a year before the filing of this bill, respondent, at Solomon A. Kneedler's re- quest, and to enable the latter torebuild, conveyed the prop- erty, without consideration, to one Newcomer, in five lots, and recei\ed from Kewtomer five mortgages, tue on cach ����
Page:Federal Reporter, 1st Series, Volume 2.djvu/679
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