Page:Federal Reporter, 1st Series, Volume 8.djvu/513

XINITED STATES V. GBI8W0LD. 499 �plaintifE in the collection of its debt : that the mortgage to H., D., and T. for $10,000 was given and received in a much larger sum than was ever actually agreed to be paid said H., D., and T. for their legal services, or than they were worth, with the like intent, and that $3,000 was ample compensation for such services; that the judg- ments confessed as aforesaid by said Griswold were given and re- ceived on "fictitious and trumped-up accounts," with the like intent tohinder and delay the plaintiff; that all said mortgages, judgments, and assignments were given, confessed, taken, and received with the intent to defraud the plaintiff out of the debt for which it obtained judgment as aforesaid, and to defeat its priority, as provided for in section 3466 of the Eetised Statutes; and that Griswold was insolv- ent at the several dates thereof, and intended thereby to assign all his property before the plaintiff could obtain a judgment in said action in the district court, of which the defendants, each and all, had notice at and before the taking of said mortgages, judgments, and assignments. The prayer of the bill is that the promises aforesaid be sold on the decree of this court free from the effect of said mort- gages and judgments, and that an account be taken of the rents and profits thereof received by the defendants, and that the proceeds of such sale and account be first applied to the satisfaction of the plain- tiff 's judgment. �AU the defendants except L. & B., in whose favor judgments were confessed, as aforesaid, and also the defendant Chamberlain, answered the bill, disclaiming any interest or right in or to the property in question, and consenting that it might be applied upon the plaintiff's judgment, and as to them the bill was dismissed, they paying the costs of their being made defendants. The defendant Griswold did not answer, and the bill was taken against hi.m for confessed. The defendants L. & B., Alberts, and Burnett answered on February 28, 1880, jointly, and the defendants H., D., and T. on April 26, 1880- and the cause was heard upon the amended bill, the answers thereto^ and the replications and evidence. �The defendants, by their answers, admit the fact of the making of the several mortgages and the confessing of the several judgments by Griswold, and the commencement, progress, and resuit of the action of the United States v. Griswold, as alleged in the amended bill, but severally allege that the mortgages given to them were given and received in good faith for the purpose of securing an aetual indebtedness to L. & B. of $3,500, and to H., D., and T. of $10,000, upon which $500 was afterwards paidj; that the judgment ��� �