Page:Federal Reporter, 1st Series, Volume 4.djvu/526

&12 rEDKBAIi SBPOBTEB, �who sold it to Eliza Bryant on the eighth of August, 1876. These sales, it is admitted, were without consideration, and the last grantee held the property subjeot to the rights of crediter s. A few days after the property was sold to Eliza Bryant, this plaintif recovered a judgment in this court against the Julians, upon which there is a balance still unpaid. In September, 1876, the Julians were adjudged bankrupts. �After ail this had taken place, Jesse Cate loaned $1,000 to J, B. Julian, and in order to secure it he caused Eliza Bry- ant to transfer this property to Cate, and Cate made an agreement to reconvey it to Eliza Bryant upon the payment of the loan. Cate had no notice that Eliza Bryant held the property without a consideration. He therefore was a bona fiàe mortgagee of the property. It was conveyed to him by an absolute deed. �After this had occurred, the assignee brought suit in this court'against Cate and the Messrs. Julian and Mrs. Bryant, to have the claim of Cate to the property set aside; or, if that could not be done, to have a judgment entered against the Julians for the value of the property; and the court held that Cate was an innocent purchaser, or grantee, and was entitled to pi'otection ; and that the Julians and Mrs. Bryant were liable for a certain amount, on which the court decided judgment should be entered against them; although judg- ment was not, in fact, then rendered, the court only giving an opinion on the points in controversy. �Subaequently, J. B. Julian made a proposition to the assignee to this effect : that no judgment should be entered in this court in the suit, and that he would procure for the assignee a good title to the property still held by Cate, to which proposition the assignee assented, providing it would meet the approval of the court, and that approval was given. Thereupon J. B. Julian caused a deed to be made by Martha Julian, of lands which she owned in Jasper connty, to Cate, as security for the debt due to him in place of the land which he held by grant from Mrs. Bryant. That being done, Cate executed a quitclaim deed to Mrs. Bryant for the Wells county ����