Page:Federal Reporter, 1st Series, Volume 1.djvu/479

EHEMAN V. TEUTONIA INS. CO. 471 �partnership affaira. He has the legal title to the assete, and the exclusive right of disposing of the property, and of collect- ing and paying the partnership debts. Stearns v. Houghton, 38 Vt. 583 ; Roys v, Vilas, 18 Wis. 179; Pinckney v. Wcdlace, 1 Ab. Pr. 82 ; Barry v. Briggs, 22 Mich. 201. �And the right and power of the sole surviving partner to dispose of the partnership effects, in settlement of the part- nership business, is not limited to the right to make an abso- lute sale of the same, but he may transfer the choses in action and other personal property, by way of pledge or mort- gage, to secure a partnership debt; and, when such transfer is made in good faith, it is effectuai against ail other cred- itors, as well as the representatives of the deceased partner. Lorillard v. Lorillard, 4 Abb. Pr. (N. Y.) 210; Hitchcock v. St. John, 1 Hoff. Ch. 511; Wilson v. Soper, 13 B. Mon. 411. �No fraud is charged or proven. The case turns on the question of the power of a sole surviving partner, acting in good faith, to secure a partnership debt by giving a mortgage or other lien on personal property. His right to do so is not open to serious question. �The lien of the deed of trust is prior in point of time, and therefore paramount to the lien of the execution; and the money arising from the sale of the wharf-boat must be paid to the beneaeiary under the deed of trust. ���Eheman v. Tbutonia Ins. Co. �{District Court, JE. D. Arkansas. , 1880.) �PuBADiNG — ^Want op Jcrisdiction — Objectiok Taken bt Ahbwer. — The Arkansas Code abolishes pleas in abatement, and in that state there is no difference in the method of pleading matter in abatement and matter in bar; and where a want of jurisdiction over the person is not disclosed upon the face of the complaint the objection may be taken by answer. �Bamb— Mattkr m Abatement — How Plbaded.— Matter in abatement must be pleaded with exactness, and ought to be certain to every intent. ��� �