822':
FEDERAL REPORTER; ., voL
'45.
queatiQlae<!,the jurisdiotion of thiseourt. I have heretofore decided this point adversely to the plaintiffs, for reasons not now necessary to reiter· now, although counsel on. bothsidel:lhave .in argument su pporl:tl<3i the contrary view,Tam of the opinion that the court has no jurisdictiQnof the case, there· being no ground of jurisdiction shown other thall the ,diverseoitizenship of the parties. My reasOns for this decision are,s14ted, in. the opiniQn just filed in ,the case ofNicker8on v.Orook, ante,
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(Clnmtt Oourt, D. llf'£nnesota, Third DMBf.on. lIay 4, 1891.)
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lI'1u.UDULlINT CONVBYANOIllg...:,P1R'l'J'iu5.
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In Equity. Demurrer to l>ill, fot,defect .of parties. In September, 1889, Reuben W. Chadbourn, now deceased, filed his bill in equity in this court against Orlen P. Whitcomb and James N. Coe. After the death Q.f Reuben W·.Chadbourrdhe action was revived in the name of the complainants herein. The said Reuben W. Chadbourn was at the time of the fl.lingilBbe:bill, and the present complainant!! now are, residents and citizens of the state of Wisconsin. The defendant Coe i, 8'residentnnd: citizen'of.the stllte of 'Minnesota, and the said Orlen P. Whitcomb is a resident and citizen of the state of Colorado. Whitcomb filed a plea in abatemtlnt, alIi,'ging'that he was time of the filing of said bill, and now is,a citizen ofthe state of Colorado,anci :alleging' that thni cou'l'tb'nd no jurisdiction over his person or the subject-matter. Said plea has been sustained by this court, and Whitcomb is out of the cnse. The bill· alleges that:Orlen P. Whitcomb is indebted to the cornplainants inluum 'exceeding $5,000, exclusive of costS,'ftIild that the deht is evidenced by Whitcomb's three ptomillsorynoteS; . No judgment haa It is alleged that' Whitcomb is inbeenobtail'led ,against solvent,and has been 80. since i 1875; that since about' 1883 he has been ofCblorado, and 'from the state a·resident;and, of Minnesota;; that COll1plllina;nts 'eann,otpFocure'aJudg111entagainsthini in any action:at ,law in'theconrts Of the state, of. Minnesota, or in the circuit court ofisaid,sta1ie -of Mim'lesota, to collect said notes; 'that jurisdiction cannot be hafl' by thb service 'of process on Whit· comb in any action at law instlidcoti'i'ts toeollel:Jt saia 'hotes or to pro-
CHADBOURNVo COE.
823
cure a judgment thereon j that Whitcombhas ·no property in t,he state of Colorado, where he resides, or inth'e state of ,Wisconsin, where' the complainants reside, or 1na11y other' state or territory,as complainants are informed and believe; out of which the complainantscil.n .collect their debt, except the prop'erty described in the bill; which property, both personal and real, the transferred to fendant Coo with intent to hinder and delay and defraud his creditors; that complainants are witho1!lt remedy at' law to collect the debt; that the property so transferred to Coe was of the value of several thousand dollars ill .of tbat the property was taken byCoe,with intent to delay and .defraud the creditors of said Whitcomb, and especially the CdIl1plainantB; tbat Cae paid no consideration for theprqperty ,at the' titl'le of'theconveyance, excepta'ri0U1inal amount oione dolllil','l1nd at tM of'the of the 'copy of which is set, forth Jnthe bill;' that the purpose. Qf,the tl;"anster to(JQe was to pre-, vent thecortJplainants and other(lreditors from collecting debts, and to said Whitcomb to manage, Cdntrdl,:dispose:of, and handle said property,for his ovviluseandbimefit"fteefrom cllinns of creditors, arid these compiainants; I1nd tha(W:hltcOInb has, until about the year 1887, received the proceeo's and crops 'from the real estate, and has sold a portion of the real estate; and'that said trust agreement W!li'l never recorded. Said trtist·:agreementj 'omitting the description of the property, is as follows: "Knowallmllfl ,by thesifprllsentB that I,James N. Coe. oftbe city of Roch. nLy uf Olmsted ofJ4il\nes{)ta, fQrand ester, in the tiQn of theconv,eyance Orlen P. of !laid city of Hochester of the followijtgdescritied rea,l, estate Situated:: couIlty'ofOlmsted and state of .Minnesota, and known and designatedM follows, to-wit, .. .. .. do hereby covenant: for myself and' my heirs to 'arid with the said Whitcomb, his heirs and aasi,gna; to hold saul 'premises intrust for the said Whitcomb for the following purposes. viz.: To real estate, or any part or J!Qrtion thereof, to. :per:son or Ilersons, anq.:fer sucb prices, as the said WbitcQil!.b shall direct; to make lUI such ances on and ont, oO,he of Uie sl!Ie of for said real estate to pay to. the creditors of sald'Wltitcorubsuch proportion thereof as be shall direct, and toaccotint' to and'with 'the 'said Whitcomb on demand, for and on account of all' moneys' 'or:s6curitielJ' receLved on said sales, ,less any taxes or expe:nlJe8 incurred in the premises; and I further covenant that I will not C9nve! said,; real estate, or any: I?ar;t, except as requested by sai<J b;. and in oith\, premises an(l 0lle. dollar to me in hand paid bY.8aid Whitcomh, the receipt Whereof is herebyacknow1l¥lged, I bereby and agioee fol'royself aJid;'tny heirstaand With the said Whitcomb; bis heirs and ,assigns, to conveynpon demand to: saill Whitcomb, his heirs or,ll.slJign8, by good and 'sufficient deea.,all of tIle real estate hert-inbefore describe<J, except sucb ;8sshall hav.' been by his requ 'llt; upon being paid .the Mid and upon being paid all taxes and expenses, if in the There is, also an: agreement' set forth in the bill by which Orlen P. Whitcomb transfers .,' to, saidl' deftmdantCoehis .personal property,consisting of stock, etc., with power of', attQrney to man-