Page:Federal Reporter, 1st Series, Volume 10.djvu/114

102 i-EDEBAL BEPOBTEB. �IQ Equity, �Norwood e Coggesha,ll, for complainani;. �Charles Jones, for defendants. �Bbown, D. J, This is an action brought to set aside as fraudulent and void a voluntary assignaient made by Nicholas Swartwout to the defendant Tanner, on March 28, 1877, in trust for tiie equal benefit of bis creditera. �On Marcb 27tb, the day preceding the assignaient, Valentine H. Seaman reeovered a judgment against Swartwout, in the supreme court of this state, for the sum of $4,107.84, upon which execution was duly returned unsatisfied. Thereafter, upon proceedings sup- plementary to execution, in accordance with the state p]-actice, the plaintif? was appointed receiver of the judgment debtor on August 15, 1877, and on August 22d a copy of the order was served, filed, and recorded, as required by the state law, so as to invest the plaintiff with whatever rights legally accrued to him as a receiver of the judg- ment debtor so appointed. The plaintiff claims that he thereby became vested with the legal title to the property conveyed to Tanner some four months before. �On September 11, 1877, involuntary proceedings in bankruptcy were commenced in this court against Swartwout, upon which he was adjudicated a bankrupt on Oetober 1, 1877. In January, 1878, the defendant Sage was appointed assignee, and an assignment of the bankrupt's property was duly executed to him. �Thereafter on the ninth day of May, 1878, this bill was filed by the receiver, as complainant, against Swartwout, the judgment debtor. Tanner, his voluntary assignee, and Sage, the assignee in bankruptcy. The bill alleges that the assignment was fraudulent and void because made with an actual intent to defraud creditors ; and also that the "assignment was absolutely void" under the state law because no schedules of property and debts were filed until July 30, 1877, and not within 30 days after the execution of the assignment as required by the state law; that the plaintiff, by virtue of his appointment as receiver, "became entitled to the possession and collection of all the assigned property;" and on the above grounds the complainant asks that the assignment be deolared fraudulent and void as against the plaintiff, and that Swartwout and Tanner be compelled to acoount to the plaintiff for all the assigned property or its prooeeds, and that the plaintiff be appointed receiver in this suit of all the said property, with the usual injunction. �Sage, the assignee in bankruptcy, was served with a subpœna, but ��� �