Page:Federal Reporter, 1st Series, Volume 8.djvu/571

tJNITBD STATES V. GBISVPOLD. 557 �Deady, D. J. On January 29, 1880, the plaintiff commeneed this suit to subject block 38 and lot 1, in block 47, in the town of Salem, and appearing on the record of deeds since February 1 2, 1878, as the property of the defendant Jane 0. Griswold, to the satisfaction of a judgment theretofore obtained by the United States against the de- fendant William C. GriBwold. At the same time applications were made for an injunction to restrain the defendants William C. Gris- wold and Jane 0. Griswold from disposing of or encumbering the property, or taking the rents thereof, during the pendency of this suit, which were duly allowed, the latter on February 9th and the former on April 5th following. The defendants answered separately — Will- iam C. Griswold on March Ist, Asahel Bush on March 19th, and Jane 0. Griswold on May 27th. Exceptions for insufficiency and imperti- nence were taken to the answer of William C. Griswold, which were disallowed, except Nos. 1 and 2 of the former, and as to these the answer was amended and refiled on April 7th. Eeplications to the several answers were filed and testimony taken before an examiner, and upon commission, and the cause heard thereon before the circuit and district judge on April 11, 1881. The following facts are admit- ted or f ully proven : �On January 29, 1874, the defendant William C. Griswold wrongfully col- lected from the treasury of the United States, by means of false and fraudaient vouchers and affldavits, the sum of $16,114, and on May 27, 1877, the plain- tiff, by B. F. Dowell, as informer, commeneed an action against said Griswold, in the district court of Oregon, under sections 3490 and 5438 of the Revised Statutes, to recover damages and forfeitures given by said sections therefor, in which, on July 80, 1879, it obtained the judgment aforesaid for the sum of $35,228, damages and forfeiture, and $2,900 costs and disbursements, which was duly docketed on the same day, and thereupon became and is a lien upon all the real property of said Griswold in the state. �On September 16, 1879, an execution was issued upon said judgment against he property of the defendant therein, which was returned with $174 made thereon, and " no other property found in the district." ihereupon the plain- tiff commeneed this suit to set aside certain conveyances of said property, whereby the legal title thereto was passed from said William C. Griswold thi'ough third persons to said Jane O. Griswold, as fraudulent, so as to sub- ject the same to the payment of said judgment. �As early as 1852 the defendant W. C. G. was engaged in the mercantile business at Salem, Oregon, and so continued until 1860, about which time he removed to New York, where he made his home until since the commence- ment of this litigation. �On January 25, 1854, he was married to the defendant J. O. G., at 'Hart- ford, Connecticut, who resided in New York since about 1860. �On July 16,, 1855, the defendant AV. C. G. purchased the property in ques- ��� �