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![handle is hein.slavery/ussccases0136 and id is 1 raw text is: JANUARY TERM 1829.
AniiiHxA VE ABLE &Nb GEOROG M'DoNALD, APPELLAWTS 0S.
THE .PRESIDZXEN ' c crOs AND Comp_. oF .TnE -BANK oF
THE U=IEDSTATEs, A:PPELLEEs.
The Court set aside a conveyance wIhich had been made to defeat the claims of
creditors.
In proceedings to set aside a conveyance of ieal estate, made in fraud of the
rights of creditors, it is not necessary to n'ake a- nortgagee of the. estate a
party.; his rights under the mortgage not being brought into question. [112]
APPEAL from the circuit court of the United States fo.r
the district of Kentucky.
The, appellees, at the May term 1822 of the circuit court
for the district of Kentucky, .obtained a decree against Ven-
able and .others, for the sum of $4,700with interest and
costs' upon which execution was issued, and leviedby the
marshal upon 367 acres of land and sundry slaves and other
property, named in ihe return, dated. Septeinber 2, 1822,
shown, as the marshal says, as the property bf Abrih'am
Venable,, and not sold for the.want of time.
On the 26th of. November 18-2, the appellees exhibited
their bill, in which, affer giving a hiht.ory of their case, and
stating the facts of the levy on.the property of Venable as
above; they charge, that on the 9th day of February 1892,
the said Venable executed two *several deeds, wher.by he
conveyed all the land, slaves and effe6ts, which belonged.
to him to George. M'Donald, who is made defendant: that
the said keeds are fraudulent, int~nded-to defraud the
creditors of the. said Venable, particularly the cdmplainants,
and were executed Without any valuabl6e..or legal c.ssidera-
tion passing -between the parties, with that fraudilent pur-
pose and-intent, &c. &c. Tife bomplainants pray-thiat -the.
said.estate and property be decreed:to'be- sold to discharge
the debt aforesaid; for an injunction; and for general relief:.
The defendant, MDonal d by his answer admifs, that he
claims the propertyas his 'own,.by virtue of .a cofitract,.and
the conveyances which -are 'refeireA to;- and also'.iii- virtue
of a mortgage execte'd long anterior to the decree against
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