Sweetland

This is an action to set aside a conveyance made by defendant, William Sweetland, to his wife, Emma, on the ground that it was made with intent to defraud the plaintiff and other existing and subsequent creditors. Judgment went for the defendants, from which judgment this appeal is taken.

On February 14, Í895, a deed to the property described in the complaint was made to William Sweetland, the purchase price therefor being $1,500, $400 of which was paid by William Sweetland, $500 by his wife out of her separate funds, and the balance, $617, was secured by a mortgage. On December 30, 1897, William Sweetland made and executed a deed of gift to the property to his wife. At that time she was in the state of Kansas, attending her father in his last illness. A few days later William Sweetland delivered the deed to his daughter Edith, with instructions to deliver it to her mother upon her mother’s return from Kansas. The following month, January, 1898, Emma Sweetland returned, and, in accordance with said instructions, Edith delivered the deed to her in her father’s presence. Subsequently, and with money inherited from her father’s estate, Emma Sweetland paid off the mortgage of $617.…