1. To defeat the title of an innocent purchaser to a note, on the ground of inadequacy of the price paid for it, the inadequacy must be such, under the circumstances, as to impeach the good faith of the purchase.

2. Where the purchaser of such note receives it in part payment of property sold, his title to the note is not affected by the fact that he retains the title and possession of the property sold as security for the unpaid purchase money.

APPEAL. county.

Reserved in the District Court of Geauga

This action was commenced on the 31st day of January, 1870, to subject certain promissory notes described in the petition to the payment of a decree for alimony, rendered in favor of the plaintiff, against the defendant, Nelson (1)

VOL. XXIX-1

Rooker v. Rooker et al.

Rooker, in the Court of Common Pleas of Geauga county at its September term, 1869, and which was in full force and unsatisfied at the commencement of this action.

The petition states that at the time of the rendition of the decree for alimony, the defendant, Rooker, was the owner of the promissory notes described, and combining and confederating with the defendants, Emmit H. Hickox and Talcott C. Carpenter, to defraud the plaintiff, and hinder and delay the collection of her decree, fraudulently and without consideration transferred certain of the notes described in the petition to Carpenter, who had knowledge of the fraudulent intent and purpose of Rooker and Hickox, and who now pretends to be the owner of the notes so transferred. The prayer of the petition is that the parties be restrained from selling or otherwise disposing of the notes, and for other proper relief.

The defendant, Carpenter, answered, denying the allegations of the petition as to all fraud or knowledge of fraud charged on his part, and averring that the notes described were sold, transferred and delivered to him by Hickox for a good and valuable consideration, and that he is the legal owner thereof. The trial in the court of common pleas resulted in a decree in favor of the plaintiff, from which an appeal was taken by the defendant, Talcott C. Carpenter, to the district court.

On the hearing in the district court of the issues joined between the plaintiff and the defendant, Carpenter, that court found, in substance, that five of the promissory notes described in the petition, all of which were negotiable and one past due, of the face value of $1,989, were at the time. of the decree for alimony the property of Nelson Rooker, who, for the purpose of defrauding the plaintiff and preventing her from subjecting the same to the payment of her decree, transferred and delivered them to Emmit H. Hickox, who received and held them for a like purpose, and who, with a like intent, on the 30th day of September, 1869, at which time interest had accrued on the notes to the amount of $137, transferred and delivered them to the defendant,