1. Complainant, the assignee of a judgment recovered against the defendant husband, seeks to have a conveyance by the husband to his wife set aside as fraudulent. Held, that there is no evidence of fraud, and that an adequate consideration was paid for the conveyance.
2. A debtor is at liberty to prefer one creditor as against another, even though the preferred creditor be his wife.
3. A gift made by the defendant husband to his wife before complainant's assignor became a creditor of the husband, and while the latter was solvent, cannot be successfully attacked by the complainant.
4. Complainant, by calling the defendants husband and wife to testify, impliedly represented that their testimony was worthy of some credit, and he cannot now argue that it be disregarded, even though they be interested parties, where their testimony is in no way contradicted.
PER CURIAM.
The decree appealed from will be affirmed, for the reasons stated in the opinion filed in the court below by Vice-Chancellor Bigelow.
For affirmance — THE CHIEF-JUSTICE, TRENCHARD, CAMPBELL, LLOYD, CASE, BODINE, DALY, DONGES, VAN BUSKIRK, KAYS, HETFIELD, DEAR, WELLS, JJ. 13.
For reversal — None.