The Rock Island Argus. (Rock Island, Ill.) 1877-1885, 1882-09-20

1866 to the amount Of $3.50, belonging to
| her before her marriage. and other moneys,
| amounting to about 80. 200, earned by
her during her marriage.
Judge Jameson repeated these facts
Land others in detail with reference to
subsequent transfers, and said that
Mrs. Quinn was entitled to the protection
of the court for the bona-fide advances
made by her to her husband, and to that
extent she could hold the property. He
referred to her story of her accumulation of
her earnings, and continued:
| The mode of payment of this money as
wages, is considered doubtful There was
no fixed salary per month"; and it was no;
stated to be paid as wages. By law a
wife's earnings were not allowed to her I'm
| til 1879. The money in question was not
earned, if at all, between 1869 and 1874 or
| 1876. Before 1869 all wages earned be-
| longed to the husband. The 5000 paid to
Lamb at the time of the conveyance must
fall with Mrs. Quinn's other earnings. OF
these moneys only the $3.50 and interest
can be allowed. The defendant, Catha-
rlne Quinn, not only claims that she be
paid these moneys, but that as against
creditors there was no fraud in the transfer
to her, since the sale was for all the prop
erty was worth, and in good faith. She
cidiLIS ttldt SIT Is cDIitIeu TO IcChou DIS d
part of the price paid for the mortgage for
So, 900 and the homestead for 1000,
which, with the sums loaned by her.
amounting to So, 450, making in all SO, 450,
was the full value of the property at the
time of the transfer to her There is dis
crepancy in testimony as to value, but, de-
Quoting the $4,000 disallowed by her.
there is left SO, $50, which is certainly d
low deduction under the testimony. The
deeds of April 80, 1877, expressed consider
ations of $4,000 and $S, 400 respectively.
The expert testimony of the lowest makes
the property worth over $4,000, and
some of the witnesses place it as high as
SIS, 600
''The case then stands thus: Being in
debted all the time, Quinn conveyed to his
wife expressly, as it is admitted, for the
purpose of saving the property to her. a
lot worth more than he got for it-proba-
bly, some thousand of dollT more. Now,
while husband may convey to his wife.
when in easy circumstances, a reasonable
amount of property, provided he is not
indebted, or provided he reserves an
abundance of property with which to pay
his creditors to convey to her when in
debted, and leave no property to pay his
debts, is fraudulent That was the case
of Charles B. Quinn at the date of this
conveyance. Besides, the debt of the
complainant was contracted on the faith of
Quinn owning the property. The result is
that as against Kolb, the complainant, the
conveyance to Mrs. Quinn was fraud in
law, as to large part of the considera-
ton. AS it happens, however, that the
part of the consideration which is valid can
be exactly computed, it is consistent with
equity that that, together with the Durand
rfrr and fHa homestead CHI
be made a prior charge on the property,
and that sale should be made unless the
defendants tender the amount of the COM
plainants judgment, which stands I'M
paid. The decree must be, therefore, to
fha+ affaof