t-NEAL v. FOSTER. B1'
erty, situate in Albany, in said county and state: (1) The Magnolia
flour-mill and lot, including the race connecting the mill with the San-
tiamwater-ditch; (2) block 55, except two. lots; (3) lot 1 in block 11;
(4) oneehalf interest in the Albany water-works; (5) a parcel of land 74
feet by 100, with brick buildings thereon; and (6) part of lot 7 in block
4 with a brick store thereon; that on February 6, 1884, Foster conveyed
all of said property except the Hfth and sixth items to the defendant
John A.»Crawford, and on the same day conveyed the fifth item to the
defendant William Crawford, and on February 7th conveyed the sixth
item to the defendant Ashby Pearce; that each of said conveyances was
voluntary and withoutconsideration, and was made by the grantor, and
accepted by the grantee, therein, with intent to hinder, delay, and de-
fraud the creditors of Foster, and particularly the assignors of the plain-
tiif, Sibson, Quackenbush ·&·Co., and Noon & Co.; that Foster is in-
solvent; that the p1·operty so conveyed was then worth $110,000, and
was all the property Foster had, and he is still in the possession and en-
joyment of the same. __
That subsequent to said conveyance-s the other defendants herein ob-
tained judgments in said circuit court against Foster, as follows: Balti-
more, March 10, 1884, for $1,652.92; Goltra, February 23, 1886, for
$1,636..90.; Liles, March 12, 1886, for $1,049.75; and Walden, Febru-
a;·y_23, 1886, for $568.50.
A The prayer of the bill is that the conveyances be set aside as fraudu-
lent, and the property be sold to pay the claims of the plaintiff, and the
defendants Baltimore, Goltra, Liles, and Walden, according to their re-
spective priorities. _ _
The defendants Foster and the Crawfords, by their joint answer, admit
the judgments against Foster, as stated in the bill, but deny that the
plaintiff is the owner of any of them, and allege that the assignments
thereof to him by Sibson, Quackenbush & Co. and Noon & Co. were
made without consideration, and for the sole purpose of giving this court
jurisdiction, They admit the execution of the conveyances to the Craw-
fords and Pearce, as stated in the bill, but deny that they are voluntary,
or were made or accepted with intent to hinder, delay, or defraud cred-
itors, and allege that at the date thereof Foster was short about 20,000
bushels of wheat, for which he had given receipts; and that Foster con-
veyed the items one, two, three, four, and tive of said property, and cer-
tain book-accountsand grain-sacks, to the Crawfords, in consideration
of John A. Crawford’s taking up those receipts, and $64,000 to be paid
him bythe surrender of certain notes and an account due from Foster
to said John A., and certain other notes due from Foster to William
Crawford, and the payment by John A. of certain notes of Fosteris, on
which he wassurety; and that the conveyance to Pearce was made sub-
ject to Mrs. Foster’s right of dower, in consideration of the payment by
him of $4,000 as security for Foster. J
_-They admit that on, prior,_and since February 6, 1884, Foster was
and is insolvent, and aver that the property conveyed is not worth more
than $56,000. , t g J , . ` .