The right to redeem property sold under an execution passes to the assignee, and can not be exercised by any judgment creditor after the commencement of the proceedings in bankruptcy. Pillow v. Langtree, 5 Humph. 389.

If the rights of the debtor and of a creditor to redeem property sold under an execution are distinct and independent, the right of the creditor is not defeated by the bankruptcy of the debtor, but is a right or incident attached to the judgment, and may be deemed a part of its lien. Trimble v. Williamson, 49 Ala. 525.

A claim for improvements made on the public lands of the United States passes to the assignee. French v. Carr, 7 Ill. 664.

A franchise consisting of a right to take tolls for crossing at a bridge is property that passes to the assignee. Stewart v. Hargrove, 23 Ala. 429. A receiver appointed under a creditor's bill in a State court, can not enter another political jurisdiction and claim a fund allowed on a claim against a foreign government in preference to an assignee appointed in proceedings instituted after the filing of the bill. Booth v. Clark, 17 How. 322.

If a party in pursuance of a decree delivers property of a bankrupt to a receiver before any notice or demand by an assignee, the surrender is a complete defense to any future action by the assignee. Long v. Converse, 91 U. S. 105.

If by the terms of the trust, the income of a certain fund is to be paid to the bankrupt or his wife, to be applied to the support of the bankrupt, his wife and children, the assignee is not entitled to any part thereof. Durant v. Mass. Hosp. L. Ins. Co., 15 A. L. J. 436.

As soon as a will of real or personal estate is admitted to probate, the title of the legatee or devisee takes effect by relation from the death of the testator. If the devisee or legatee is declared a bankrupt in proceedings commenced after such death and before the probate of the will, the legacy or devise will pass to his assignee if he has never renounced or disclaimed the legacy or devise. After the commencement of the proceedings in bankruptcy he has no right to disclaim or renounce it. In re Henry W. Fuller, 2 Story, 327.

If the bankrupt was entitled to a distributive share in the estate of a deceased person, and was also indebted to that estate, the assignee can only claim the balance that remains after deducting the debt from such distributive share. In re Newhall, 2 Story, 360.

A devise of property to cease on the bankruptcy of the devisee is good, and the limitation valid. Nichols v. Eaton, 13 B. R. 421; s. c. 91 U. S. 716.

If a will confers an absolute discretion on a trustee which he is under no obligation to exercise in favor of the bankrupt, it does not grant such an interest to the latter as his assignee can assert. Ibid.

A devise of property to a trustee, to pay the income thereof to a third person free from liability for his debts, is not such an interest as will pass to the latter's assignee. Ibid.

Where a will devises property to trustees to hold until the devisee

reaches a certain age, the estate passes to the assignee of the devisee, although the devisee had not attained that age at the time of the commencement of proceedings in bankruptcy. Sandford v. Lackland, 2 Dillon, 6.

If an estate is devised to A., subject to the payment of a certain sum to B. in trust for C., A. is not a trustee for C. By the terms of the devise, B. is the person in whom the trust is reposed, and is the direct trustee, made so by the act and choice of the devisor. If A. becomes a trustee, he will only be an implied trustee. The statute of limitations will run in favor of a party who enters into possession of property in his own right and holds for his own benefit, but whose title is subsequently, by matter of evidence or construction of law, turned into that of trustee. In re A. G. O'Neale, 6 B. R. 425.

If a mortgagee devises his interest in the land on which he holds a mortgage, to the mortgagor and others, this will pass the mortgage debt, and the mortgagor's interest therein will pass to his assignee. Clark v. Clark, 56 N. H. 105.

A claim to indemnity for an illegal capture of a vessel by a foreign government passes by abandonment to the insurer, and upon his bankruptcy vests in his assignee. Comegys v. Vasse, 1 Pet. 193; s. c. 4 Wash. 570; Phelps v. McDonald, 2 McArthur, 375.

If money is to be paid under a treaty to a foreign government on account of a claim due to a bankrupt, the court has no jurisdiction to compel the bankrupt to make an assignment thereof. Phelps v. McDonald, 2 McArthur, 375.

If the surety, upon a note given to a guardian, marries the ward, his assignee can not maintain an action against the maker before a settlement and adjustment of the guardian's account. Chilton v. Cabiness, 14 Ala. 447.

Property which has been transferred by a deed contrary to law will pass to a trustee appointed under a deed of trust subsequently executed, and when such deed was made more than six months prior to the commencement of proceedings in bankruptcy, and is not assailed as fraudulent, no claim to the property vests in the assignee. Stewart v. National Union Bank et al., 2 Abb. C. C. 424.

When an execution attachment is laid in the hands of a tenant for a term of years under rent reserved, payable quarterly, and the owner of the reversion is adjudged a bankrupt, after the laying of the attachment, but before the rent becomes due, the attachment will not bind the rent. The rent which had not fallen due was an incident of the reversion, followed it, and passed with it to the assignee. There was, therefore, no debt of the bankrupt for the attachment to operate upon. When the rent became due it belonged to the assignee. A levy upon the reversion would have fastened upon the rent as its incident. Evans v. Hamrick, 61 Penn. 19.

The growing crop passes to the assignee, and should be placed upon the schedules as personal property. In re Schumpert, 8 B. R. 415.

A franchise to construct a turnpike road and collect the tolls thereon is a personal trust, not assignable without the consent of the granting power, and does not pass to the assignee by virtue of the assignment. The assignee can take nothing which the bankrupt could not voluntarily assign. People v. Duncan, 41 Cal. 507.

Where an instrument executed at the same time with an absolute deed, declares that the grantee holds two-thirds of the estate for others, the assignee of the grantee is only entitled to one-third. Ford v. Belmont, 7 Robt. 97, 508; s. c. 35 N. Y. Supr. 135.

A purchaser, at a sale under a fi. fa. of a debtor's interest in a firm, only acquires his interest in the chattels actually seized, and the interest in the credits passes to the assignee. Moore v. Rosenberger, 7 Phila. 576. A purchaser of firm property at a sale under an execution against an individual partner, obtains only the interest of such partner in the surplus that may remain after the firm debts are paid. Osborn v. McBride, 16 B. R. 22; s. c. 3 Saw. 570.

The fact that the purchaser obtains the interest of both partners on separate executions, does not enlarge the interest acquired on the separate interest against either. Ibid.

On an individual petition, property in the possession of the bankrupt at the time of the commencement of proceedings in bankruptcy, which belongs to a firm of which he has been a member, passes to the assignee, who will hold as tenant in common with the solvent partner. In re Beal, 2 B. R. 587; s. c. Lowell, 323; s. c. 2 L. T. B. 95.

A legal possibility is an estate founded on a contingency. The feesimple title to a street, with the right to accretions thereto, is not in the eye of the law a possibility, for the estate is not founded on a contingency. Kinzie v. Winston, 4 B. R. 21; s. c. 56 Ill. 56; Banks v. Ogden, 2 Wall. 58. The bankrupt is personally released by a discharge, but the property and rights of property vested in the assignee are subject to the creditors, and are held in trust for them in whatsoever hands these may be found. Clark v. Clark, 17 How. 315.

The statute does not create any estate of inheritance in the assignee himself, although he may by his official action convey lands. Whatever rights vest in him are official, and not personal, and are not heritable or corporate. Steevens v. Earles, 25 Mich. 40.

Assignees in bankruptcy do not, like heirs and executors, take the whole legal title in the bankrupt's property. They take such estate only as the bankrupt had a beneficial, as well as legal, interest in, and which is to be applied for the payment of his debts. Rhoades v. Blackiston, 106 Mass. 334; Blin v. Pierce, 20 Vt. 25; Ontario Bank v. Mumford, 2 Barb. Ch. 596; Hynson v. Burton, 5 Ark. 492.

The assignee can not have a sale made by a trustee in insolvency for a nominal consideration set aside if it was made in good faith and the value of the property was not equal to the debts due by the estate. Goldsmith v. Hapgood, 1 Holmes, 454.

If the assignee forecloses a mortgage which the bankrupt had fraudulently taken with the funds of another and receives the money, the

fraudulent grantor's creditors can not recover the money from the assignee. Aiken v. Edrington, 15 B. R. 271.

A certificate of membership in a board of trade where no profits are given to the members further than what is derived from the incidental use made by a member of the privileges which his membership gives him, is a mere personal privilege, and does not pass to the assignee. In re Israel Sutherland, 6 Biss. 526.

Rights under Contracts. In general, the assignee does not stand in a better predicament than the bankrupt himself, and can claim only what the latter might claim. Winsor v. Kendall, 3 Story, 507; Fiske v. Hunt, 2 Story, 582.

A transfer of an attorney's receipts entitles the party in equity to the proceeds of the judgment, and the title to the judgment does not pass to the assignee. Anderson v. Miller, 15 Miss. 586.

The interest and rights of the bankrupt under contracts are transferred to the assignee. Whatever the rights are, the assignee can claim and enforce. It is not the purpose of the bankruptcy law to interfere with or avoid contracts made by the bankrupt with other parties, or to prevent their execution. Foster v. Hackley & Sons, 2 B. R. 406; s. c. 2 L. T. B. 8; s. c. 1 C. L. N. 137.

If goods are actually delivered to the vendee, the vendor has not independent of any special agreement, any lien entitling him to claim or hold the goods as against the assignee of the vendee. If there is a special agreement, he must abide by the actual agreement made. If the instrument is not effectual by reason of the failure of the vendor to do what is by law necessary for his protection, he can not fall back upon any supposed or possible agreement qualifying the delivery, and securing a lien for the price. In re Simeon Leland et al., 10 Blatch. 503.

An agreement that the title to property sold to the bankrupt should not vest in him until all the purchase money had been paid, binds the assignee, even if the bankrupt has paid all but a small portion of the purchase money. The ownership remains in the vendor until the final payment. Creditors can not enforce their claims without paying to the vendor the remaining portion. In re J. H. Lyon, 7 B. R. 182; s. c. 4 C. L. N. 421.

The condition that the title shall not vest in the vendee until all the purchase money is paid, is not waived by taking indorsed notes from the vendee. Ibid.

Where the sale is absolute, the vendor can not claim the property from the assignee. Woods v. Oakman, 116 Mass. 599.

A contract to deliver and set up scales and receive a note and security on the scales for the price, is entire, and no note or security can be demanded until the scales have been all delivered and set up, and, until so delivered and set up, and the note and security given, the property in the scales does not pass to the vendee, unless there is a waiver of the conditions. The assignee of the vendee can claim no greater rights in the scales than the vendee had. In re Pusey, 6 B. R. 40.

The delivery of the goods to the marshal who is in possession of the

store of the vendee under a warrant does not terminate the right of stoppage in transitu. Sutro v. Hoile, 2 Neb. 186.

If the delivery of a note in payment for the goods is a condition of the sale, a delivery to the marshal who is in possession of the vendee's store under a warrant, is not a waiver of the condition, and the vendor is entitled to the goods. Ibid.

If the debtor at the time of the purchase did not believe or expect that the goods would ever be paid for, the vendor may reclaim them on the ground of fraud, and has a better title than the assignee. Donaldson v. Farwell, 5 Biss. 451.

In order to render a sale void as against the assignee, the vendor must show a fraud which enters into and forms a part of the purchase. If the purchase was made without fraud and in good faith, the mere fact that the bankrupt had concealed a crime committed by him, the exposure of which would render him insolvent, does not make a purchase voidable. Comins v. Coe, 117 Mass. 45.

If a warehouse receipt is sent by mail to a creditor who has not previously agreed to accept grain in payment of his debt, and is received by him after the commencement of the proceedings in bankruptcy, the assignee is entitled to recover the grain, although the receipt was mailed before the commencement of the proceedings. Brooke v. Scoggins, 11 B. R. 258; s. c. 9 Pac. L. R. 12.

Where the vendor reserves the right to take possession of the chattels in case of the nonpayment of the purchase money, and does take possession before the commencement of the proceedings in bankruptcy, his title is valid, although the right was reserved in a mortgage which was not recorded. Field v. Baker, 11 B. R. 415; s. c. 12 Blatch. 438.

If the goods are detained in the course of transportation and deposited in a warehouse, the giving of a conditional authority to the warehouseman to sell is not such an assumption of possession as to terminate the right of stoppage in transitu. In re Norman B. Foot, 11 B. R. 153; s. c. 11 Blatch. 530.

The acceptance of a delivery order by a warehouseman where the goods are in a bonded warehouse and the duties thereon are unpaid, is not a sufficient acceptance of the goods within the statute of frauds, and the vendor, if the price remains unpaid, has a better title than the assignee of the vendee. In re George Clifford, 2 Saw. 428.

If the vendor has complied with his part of the contract, the assignee of the vendee can not recover the partial payments made by the vendee where the vendor has sold the property to another in consequence of the vendee's default. Kane v. Jenkinson, 10 B. R. 316.

If the vendor has been in no manner in fault, he may, in an action by the assignee to recover partial payments made by the vendee, recoup the damages which he may have suffered in consequence of the nonperformance on the part of the purchaser. Ibid.

Where the depositor of grain in a grain elevator knows that by the custom of the trade it will be mingled with other grain and its identity lost, the bulk in the elevator being subject to constant fluctuations, and