Stroecker

Stroecker v. Patterson

Good Law
135 C.C.A. 597·220 F. 21·4 Alaska Fed. 266·1915 U.S. App. LEXIS 2427
United States Court of Appeals for the Ninth CircuitFebruary 1, 1915No. 2411California3,934 words

Opinion

Lead Opinion

Ross, J.

This suit was brought by the trustee of the estate of a bankrupt to set aside a conveyance *267 made by him to his wife of an undivided one-fourth interest in a certain placer mining claim' called Pat Daly Bench, situate on Ester creek, Alaska, on the ground of alleged fraud in the making of such conveyance, and also to restrain the defendants, husband and wife, from demanding and receiving from the lessee of the entire claim 5 per cent, .of the gross output of the gold thereof — the complaint alleging, among other things, in substance, that on the 27th day of November, 1911, the defendant H. J. Patterson, being then insolvent and unable to pay his then creditors, for the purpose of hindering, delaying, and defrauding them, executed to his wife, the defendant Mariam A. Patterson, a deed conveying all of his interest, to wit, an undivided one-fourth, of the mining claim mentioned, which his said wife took and since holds in trust for her husband, to aid him in cheating his creditors; that prior to that alleged fraudulent conveyance the husband held a lease of the whole of the said mining claim, which lease he, prior to his adjudication in bankruptcy, assigned for a valuable…

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