32 KIPP v. HANNA.

therefore Ordered, that a commission issue as prayed, unless the
defendants name and strike commissioners on or before the 30th
instant.

After which, under a decree to account, passed by consent on
the 21st of July, 1826, the auditor reported accordingly; to which
report the defendants excepted; and the case having been set
down for hearing, was brought before the court.

8th August, 1829.—BLAND, Chancellor.—This case standing
ready for hearing, and having been submitted without argument
by the plaintiffs' solicitor, and no one appearing for the defendants,
according to the rule, before the close of the sittings of the term,
the proceedings were read and considered.

From the position taken by the plaintiffs, it becomes necessary
to inquire what were the circumstances under which Alexander B.
Hanna conveyed this property in trust for the benefit of his wife
and children. His trade, pursuits, and pecuniary condition, are
not clearly described in the pleadings; nor has it been distinctly set
forth what was the value of this donation to his wife and children,
compared with the whole property he then held, and the amount of
the debts he then owed. But taking the pleadings and proofs
together, it appears, that Alexander B. Hanna was by trade a boot
and shoemaker; and, on the 22d of July, 1817, exclusively en-
gaged in that calling; that he held some property, at that time, is
certain; but the particulars and value of it are not clearly shewn.
About that time he lent money; but the lending of money is, in
itself, no clear evidence of his solvency to that or any other
amount. It appears that in the year 1818, he held lots of ground,
which he sold for $1300; and that, on the 22d of July, 1817, he
owed debts, which are still unpaid, to the amount of $1267. It is
in proof, that the mortgages were satisfied by money, or means
provided by Alexander B. Hanna, after he became embarrassed,
and a short time before he obtained the benefit of the insolvent
laws. A part of the money lent by Niles, the witness, was paid
by him to Warner, the trustee. From the deposition of Niles, and
from other testimony, it appears, that the donation thus formally
made, by the conveyance of the 22d of July, 1817, by Alexander
B. Hanna, to his wife and children, was not cleared of all incum-
brance, and perfected, until he had fallen into difficulties, and was
upon the eve of applying for the benefit of the insolvent laws.
Alexander B. Hanna says in his answer, that the consideration of