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to the assignee, and he cannot set up, in defense to the claim of the assignee, title in a third person, merely to hold it himself. (In re Moses, 19 N. B. R. 412; Fed. Cas. 9870.) Where the assignee has received money from the bankrupt, it is subject to every equity to which it was subject in the bankrupt's hands; but where he has recovered it in spite of the bankrupt's efforts to part with it, it will be free for distribution among the creditors generally. (White v. Jones, 6 N. B. R. 175; Fed. Cas. 17550.) When a discharged bankrupt enters into a written agreement with his creditors as to the disposal of his property among them, as the culmination of a suit brought after the adjudication, the agreement is not binding upon the estate without the assignee's signature. (In re Anderson, 9 N. B. R. 360; 2 Hughes, 378; Fed. Cas. 351.)

Rights of assignee over attached property, etc.- Where personal property of a bankrupt has been attached, the assignee in bankruptcy can take advantage of any remedy which would have been open to a subsequent attaching creditor, since he represents the creditors of the bankrupt as well as the bankrupt himself. (Beers v. Place et al., 4 N. B. R. 150; 36 Coun. 578; 4 Amer. Law T. 136; 1 Amer. Law T. Rep. Bankr. 262; Fed. Cas. 1233.) The general or ultimate property in goods levied on by attachment being in the debtor (In re Hull, 18 N. B. R. 1; 14 Blatchf. 257; Fed. Cas. 6857), the net proceeds of the sale of the property of a bankrupt on a legal process suffered by him will be ordered to be paid by the sheriff to the assignee, when it appears that the creditor had reasonable cause to believe the debtor insolvent. (In re Black et al., 1 N. B. R. 81; 2 Ben. 196; 1 Amer. Law T. Rep. Bankr. 39; Fed. Cas. 1457.) He is entitled to the surplus proceeds of a sheriff's sale of the bankrupt's real estate, as against a judgment creditor who has waived his lien and proved his claim. (Wallace v. Conrad, 3 N. B. R. 10.) Where, more than four months prior to bankruptcy proceedings, a sheriff having writs of attachment against the bankrupt takes receipts for property without taking possession, and the assignee finds the property in the bankrupt's possession and takes it, the sheriff's proceedings create no lien upon the property as against the assignee. (In re Ashley, 19 N. B. R. 237; Fed. Cas. 581.) Where a sheriff sells perishable goods under attachment by order of a state court, but without notice of the adjudication of the defendant in bankruptcy, he is guilty of a conversion of the goods and is liable for the market value thereof (Long, Ass., v. Conner, 17 N. B. R. 540; Fed. Cas. 8479); but where he delivers property which he holds under an execution levy to the marshal, who delivers it to the assignee, an action for wrongful taking and conversion will not lie against the latter. (Ansonia Brass & Copper Co. v. Pratt, Ass., etc., 16 N. B. R. 170.) Creditors to whom a sheriff, having taken such property into his possession under process of replevin from a state court, has delivered the same, will be required to deliver it or pay the value thereof, if sold, to the assignee. (In re Vogel, 2 N. B. R. 138; 1 Chi. Leg. News, 210; Fed.

Cas. 16983.) Until a receiver is appointed in a creditor's action, the lien is not so far fixed as to authorize it to be upheld upon the debtor's chattels subject to levy on execution against the assignee in bankruptcy. (Johnson, Ass., v. Rogers et al., 15 N. B. R. 1; 5 Amer. Law Rec. 536; 14 Alb. Law J. 427; Fed. Cas. 7408.)

After a voluntary general assignment the bankrupt has no leviable interest, since, though it is not good as against creditors, it is good against the bankrupt. (In re Croughwell, 17 N. B. R. 337; 9 Ben. 360; Fed. Cas 3440.) Where a general assignment is made by a debtor for the benefit of his creditors, and subsequently creditors recover judgments and levy on the property in the hands of the assignee and it is sold, the creditors may not assail it, as the title passes to the assignee by the general assignment. (In re Biesenthal et al., 15 N. B. R. 228.)

All the property of the bankrupt is vested in the assignce, including property attached on mesne process, made within four months next preceding the commencement of proceedings. (Reed v. Bullington, 11 N. B. R. 408; Morris v. Davidson, 11 N. B. R. 454.) If no attachment has been made within four months before commencement of proceedings in bankruptcy, and if there has been no conveyance in fraud of creditors, the title of the assignee is the same as that of the bankrupt. (Donaldson, Ass, v. Farwell et al., 15 N. B. R. 277.) The vacation of an attachment by proceedings in bankruptcy does not enlarge the lien of judgment creditors under subsequent executions, but such vacation operates to vest the property in the assignee free from incumbrance to the extent of the attachment, and subject to the liens of the judgment creditors as to the excess. (In re Nelson, 16 N. B. R. 312; 9 Ben. 238; Fed. Cas. 10100.) An attachment under proceedings in the state court is dissolved from the date of the commencement of the bankruptcy proceedings. (In re Preston, 6 N. B. R. 545; Fed. Cas. 11394.) When, under the state law, a creditor acquires a lien on the property of a debtor upon docketing a judgment, if the docket be incomplete and ambiguous, no lien arises in favor of the judgment creditor as against the assignee. (In re Boyd, 16 N. B. R. 137; 4 Sawy. 262; 9 Chi. Leg. News, 385; 10 Chi. Leg. News, 1; 4 Law & Eq. Rep. 488; 6 Amer. Law Rec. 311; Fed. Cas. 1746.) A judg ment given in a state court against the property of a bankrupt subsequent to the filing of his petition is void (Stuart v. Hines, 6 N. B. R. 416); and funds in the hands of the assignee are not subject to garnishment. (In re Cunningham, 19 N. B. R. 276; 20 Alb. Law T. 257; Fed. Cas. 3478.) A judgment creditor who has made a levy on property of a bankrupt attached for its full value, subject to such attachment, is not entitled to priority as against the assignee. (In re Steele et al., 16 N. B. R. 105; 7 Biss. 501: Fed. Cas. 13345.) Where goods levied on are allowed to be sold by the assignee, and the lien is transferred to the fund, the creditor should first exhaust securities held by him for his debts. (In re Sauthoff & Olson, 14 N. B. R. 364; 7 Biss. 167; 5 Amer. Law Rec. 173; 8 Chi. Leg. News, 370; 3 Cent. Law J. 544; 3 N. Y. Wkly. Dig. 96; Fed. Cas. 12379.)

Property in the hands of an assignee that may be payable to any creditor is not subject to attachment by such creditor. (Jackson v. Miller, 9 N. B. R. 143.)

The amount collected by a foreign creditor under his execution levied after the adjudication in bankruptcy must be accounted for to the assignee, and proof be made and dividend taken upon the original debt without regard to the subsequent judgment thereon. (In re Bugbee, 9 N. B. R. 258; Fed. Cas. 2115.) A lien obtained by a creditor for a debt not yet payable is invalid against the assignee. (Partridge v. Dearborn et al., 9 N. B. R. 474; 2 Lowell, 286; Fed. Cas. 10785.)

Rights withheld from assignee in cases of attachments.-The Bankrupt Act does not confer on the assignee the rights of a judgment creditor. (Cook v. Waters et al., 9 N. B. R. 155.) A creditor who obtains payment of his debt under a judgment, through the passive non-resistance of the debtor, is not liable to repay the money to the assignee. (Henkelman, Jackson & Phelps v. Smith, Ass., 12 N. B. R. 121.) Where creditors' bills are filed and a receiver appointed, who obtains possession of the property of the debtor, the assignee has no right to the property as against such judgment creditors. (Sedgwick, Ass., v. Minck et al., 1 N. B. R. 214; 6 Blatchf. 156; Fed. Cas. 12616.) Where the execution is a lien upon all the personal property of the defendant from the time it reaches the sheriff's hands, the right of an execution creditor, upon an execution issued before the commencement of proceedings in bankruptcy, is paramount to the assignee, and will control the fund as against general creditors. (Wilson v. Childs, 8 N. B. R. 527; Fed. Cas. 17796.) Where property upon which there is an attachment lien is delivered to a receiptor, the lien follows the property into the hands of the debtor's assignee. (Rowe v. Page, 13 N. B. R. 366.) An assignee in bankruptcy, who gets possession of goods subsequent to the delivery to the sheriff of an execution, holds the goods subject to the lien of the execution, even where there has been no actual levy by the sheriff. (In re Paine, 17 N. B. R. 37; 9 Ben. 144; Fed. Cas. 10673.) Where a debtor makes a general assignment, subsequent to which one creditor obtains judgment and levies on the goods in the hands of the general assignee, and the debtor is then adjudicated a bankrupt, the claim of the execution creditor takes precedence over the claim of the assignee in bankruptcy. (McDonald, Ass., v. Moore et al., 15 N. B. R. 26; 8 Ben. 579; 1 Abb. N. C. 53; 23 Int. Rev. Rec. 25; 3 N. Y. Weekly Dig. 461; 24 Pittsb. Leg. J. 83; Fed. Cas. 8763.) Upon the dissolution of an attachment by the commencement of proceedings in bankruptcy, title to the property attached vests in the assignee, subject to the lien of the sheriff therein for his fee, if it accrue prior to the filing of the petition. (In re Houseberger, 2 N. B. R. 33; 2 Ben. 504; Fed. Cas. 6734.) Where a surplus fund remains in the hands of the state court that is claimed by judgment liens antedating the commencement of proceedings in bankruptcy, the good faith or validity of which are proven, the fund will be distributed to the claimants, and not

turned over to the assignee. (Biddle's Appeal, 9 N. B. R. 144.) The United States district court has no authority to order property to be taken out of the hands of the sheriff, who holds by virtue of an execution issued upon a judgment obtained in a state court, and the lien under the execution is prima facie valid; and until the writ is set aside for fraud or violation of the bankrupt law, the assignee cannot have possession before satisfaction of such judgment. (In re Shuey, 9 N. B. R. 526; 6 Chi. Leg. News, 248; Fed. Cas. 12821.) A purchaser at a sheriff's sale, after proceedings commenced in bankruptcy, where the levy is made prior thereto, will acquire a good title, notwithstanding that the judgments under which the sale took place are afterwards declared void. (Zahn v. Fry et al., 9 N. B. R. 546; 10 Phila. 243; 31 Leg. Int. 197; 21 Pittsb. Leg. J. 155; Fed. Cas. 18198.)

Assignee's relation to mortgages.- The assignee in bankruptcy of a mortgagor stands in the position of a judgment creditor, the adjudication being equivalent to recovery of judgment and a levy.


Ass., v. Jones, 15 N. B. R. 150; Fed. Cas. 9576.) The proceeds of the sale of mortgaged property in the possession of a state court, not brought there by final process to enforce the mortgage lien, must be paid over to the assignee of the mortgagor, and the mortgagee must go into the bankrupt court and assert his lien there. (Morris v. Davidson, 11 N. B. R. 454.) A mortgagee must be content with proceeds realized from a foreclosure sale and cannot touch rents in the hands of the assignee. (Foster v. Estate of Rhodes, 10 N. B. R. 523; Fed. Cas. 4981.) He can claim no rights under a mortgage given to secure him as indorser, where he has paid nothing and is no longer liable, but he is liable to the assignee for moneys realized by him on the mortgage. (Sessions v. Johnson et al., Ass., 17 N. B. R. 65; 95 U. S. 347.) He may not by petition obtain an order that the assignee make sale of simply his right of redemption. (Ferguson v. Peckham, 6 N. B. R. 569; 29 Leg. Int. 285; 6 Alb. Law J. 291; Fed. Cas. 4741.) Where property is sold under a mortgage, for less than the amount thereof, to the mortgagee, who takes judgment for the deficiency, and the assignee redeems the property by paying the amount for which it has been bid in, with interest, the judgment for the deficiency is not a lien on the property. (Lloyd, Ass., v. Hoo Sue et al., 17 N. B. R. 170; 5 Sawy. 74; 1 San Fran. Law J. 392; Fed. Cas. 8132.) Where there is no leviable interest in a mortgagor's equity of redemption, and where a petition in bankruptcy has been filed before sale under the mortgage, an execution creditor has no lien on the surplus proceeds of sale left after satisfying the mortgage. (In re Wrisley et al., 17 N. B. R. 259; Fed. Cas. 18103.) Before the appointment of an assignee or trustee, proceedings for an injunction to protect bankrupt's property may be instituted by him or the petitioning creditor. After an assignee or trustee has been appointed, he is the only person who could institute such proceedings on behalf of the bankrupt's estate. Whenever the proceedings sought to be enjoined are prosecuted for the

purpose of enforcing a valid lien, and were instituted before the commencement of proceedings in bankruptcy, the courts, in granting or refusing an injunction, are governed by the same principles that regulate their actions in the liquidation of liens, and will only interfere when it clearly appears that snch interference will benefit the creditors generally. (Blake et al. v. F. Valentine Co., 89 Fed. Rep. 691.)

Where a debtor gives mortgages on his exempt property in which he waives all homestead and exemption rights and his right to a discharge in bankruptcy, the property being left by the assignee in the debtor's possession temporarily, and afterwards the mortgages are foreclosed and the property levied on, the assignee at no time actually having possession thereof, although it had been included in the schedule, the levy is a contempt of court and the waiver cannot be enforced until the property is allotted to the bankrupt. (Byrd, Ass., v. Harrold et al., 18 N. B. R. 433; 26 Pittsb. Leg. J. 315; Fed. Cas. 2269.)

A second mortgagee is not entitled, the first mortgagee consenting, to take and hold possession of the mortgaged property to foreclose his mortgage, as against an assignee, nor to appropriate the rents and profits to the payment of his debt. (Hutchings et al. v. Muzzy Iron Works, 8 N. B. R. 458; 6 Chi. Leg. News, 27; Fed. Cas. 6952.)

Where money is deposited in a court to the credit of a person against whom a warrant for adjudication of bankruptcy has been issued, and the funds have thereby been lodged in court without prejudice to the rights of creditors or of a mortgagee, the legal intendment of such de posit would be that the rights of the assignee and of the mortgagee should be adjudicated according to the usage of the court. (In re Masterson, 4 N. B. R. 180; Fed. Cas. 9268.) A bankrupt who has collected money belonging to the estate will not be permitted to pay it for interest on mortgages, unless it appear that such payment is for the benefit of the estate. (In re Ettinger, 18 N. B. R. 222; Fed. Cas. 4543.) A sale of land after proceedings commenced in bankruptcy against the debtor, but prior to the appointment of the assignee under a deed of trust executed prior to the bankruptcy, is voidable, but not void. (McGready v. Harris, 9 N. B. R. 135.)

A chattel mortgage or bill of sale, void as against creditors under a state statute of frauds, conveys no title as against the assignee. (Edmondson v. Hyde, 7 N. B. R. 1; 2 Sawy. 205; 5 Amer. Law T. Rep. (U. S. Cts.) 380; Fed. Cas. 4285.) Where a mortgage of personal property is, under the laws of the state, ineffectual to pass after-acquired property, the assignee is entitled to such property as against the mortgagee. (In re Eldridge, 4 N. B. R. 162; 3 Chi. Leg. News, 177; Fed. Cas. 12610.)

Rights in mortgages that do not pass to assignee.- A bankrupt court does not acquire such exclusive jurisdiction over the bankrupt's property, from an adjudication in bankruptcy, as would prevent a decree of foreclosure on a bill filed before the adjudication. (Jerome et al., Ass., v. McCarter, 15 N. B. R. 546.) Where a mortgage is executed just prior

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