Page:Federal Reporter, 1st Series, Volume 9.djvu/100

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WIBWELL V. JAEVISr 85 �Mrs. Jarvis, in her answer, denies all fraudulent purpose and intent, and alleges that the conveyance was made to her, through the intervention of her father, by her husband, in pursuance of oft-re- peated promises by him that he would settle the premises upon her for her share of the property which she had helped to accumulate ; that at the time of the conveyance he was in Boston, about to pro- ceed to sea as master mariner, and there executed the deed for the sole benefit of herself and her children, and the same was, on the nineteenth of July, 1871, duly recorded. In her answer she alleges that her husband was, at that time, the owner of more than f 15,000 of available property, exclusive of these premises, and that he did not then owe in all more than $3,000. She further states that they were married December 20, 1846 ; that each year she received from her father large sums of money, for her own separate use and benefit, which she used from year to year for the general support of herself and family, relying entirely upon the representation of her husband "that he was the owner of $10,000 or $20,000 of available property, over and above all his liabilities; that he was doing a good payiog business as a ship-master ; aind that he had made ample provisions so that if he was taken away ot lost at sea his whole property would vest in her for the use of herself and four children;" and she believes "that if the various large sums of money which were presented to her by her father had been put at interest they would have amounted to a sum about equal to, or more than, the value of said premises." She further alleges "that after this conveyance her husband offered to pay each of these creditors, Perkins and Jarvis, the full amount due them, but they each requested him to retain the money, paying them their interest, which he did up to 1876," and she believes "they had full notice of the deed to her of the premises, and assented thereto." She alleges — �" That in January, 1872, the bankrupt owned three-fourfchs of brig Mountain Eagle, of the value of more than $6,000, and was in command of her at that time, with all his nautical instruments on board, of the value of about $500; that this brig, with the property, was then wrecked, with only $1,500 insur- ance; that he also owned one-fourth of brig Isabella Beauman, which wag wrecked in 1873, and her husband thereby lost more than $3,000; that he also invested $2,160 in Castine Brick Company, which was run for three or four years without any dividends or income, and that in 1877, the property of the Company not being in excess of its liabilities, he surrendered up all his interest in it, and thereby sustained a cash loss of $2,150 ; that in 1873 he purchased $4,000 of Western Connecticut Eailroad bonds, at 90 cents on the dollar, which subsequently fell greatly in value, and were sold by him in 1877 and ��� �