Page:Federal Reporter, 1st Series, Volume 5.djvu/460

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448 i^dekaIj eepoeter. �existence of any actual fraud, yet under such circumstances, as againt the creditors, the bankrupt law declares the con- veyahce fraudaient. And the conveyance, even as to the $1,000, cannot be supported as a conveyance of the parti cola' piece of property. The conveyances will therefore be set aside, and the assignee will be ordered to set off and assign to the bankrupt a homestead, and proeeed and sell the real estate subject to the wife's contingent right of dower, unless she shall otherwise agree. �The $1,000 invested by her in the house shall be first paid her out of the proceeds of the sale. GUdden v. Taylor, 16 Ohio St. 509; Oliver v. Moore, 23 Ohio St. 473; Same t. Same, 26 Ohio St. 298. But, inasmuch as she bas been in the enjoy- ment of the house, this sum will be without interest. �As to the two sums of $300 and $495, making together $795, she is deelared to be a general creditor, but without interest to the date of the bankrupt cy, as the interest seems to have been paid up to that period. �This case will be referred to the register, to proeeed, in pur- suanee of this finding, to have the estate closed up as speed- ily as circumstances will admit. ���In re Hill, Bankrupt. (Diatriet Court, D. Ddaware. January 15, 1831.) �1. BANKBtrPTCT — ScHEiDULE OF CbBDITOES— AmENDMENT. �An application by a bankrupt for leave to amend his schedule of creditors for the purpose of inserting the name of a creditor, inad- vertently omitted, is grantable of course, and is properly an ex parte proceeding, requiring no notice to the creditors. To such an amend- ment creditors have no right to object. �In Bankruptcy. �This is an application by the bankrupt to amend his sched- ule of creditors by adding the name of James E. Short, an unsecured creditor, to the list. He alleges in his swom peti- ����