Page:Federal Reporter, 1st Series, Volume 10.djvu/292

280 FEDERAL REPORTSB. �wife uve or six years before bankruptcy, and that he bas borrowed money, giving the stock as collateral security. He swears that the transfers were made honafide, and no proof is brought forward to contradict him. Such conveyances, made long before bankruptcy, and in the absence of concealment, are no ground for withholding a discharge. In re Murdoek, 3 N. B. E. 146; 1 Low. 362. �There seems to have been nothing irregular in the Baie of the other stocks mentioned, or in the disposition of the proceeds. The own- ership of any horses is denied, but the bankrupt admits having an old carriage or two in the stable. This latter omission is hardly of snch a serions character as to affect the discharge. Had these bank- rupts intended to have defrauded their creditors it is more than probable that their estate would have yielded a smaller percentage of their indebtedness, and when in addition to this we find that the only evidence brought forward by the opposing creditors is the exami- nation of the bankrupts before the register, anil that no witness is pro- duced to show any facts tending to contradict them. The court should be clearly satisfied, upon the proof submitted, of the viola- tion of the provisions of the bankrupt act set out in the speciScations before withholding a discharge. In re Burgess, 3 N. B. E. 196. �We are not so eatisaed, and therefore a discharge ia grauted la each case. ���PiATT, Assignee, etc., ». Matthbws and others. (Diatriet Court, & D. Nm York. January 30, 1882.) �l. BANKKtrPTCT — TiTLB OF AsSIONEB— SuiT TO RBCOVBB IntBBEST OF BaNKROPT �ON Fbopektt Transferked m Fraud. �The bankrupt act vests the assignee with the title to ali property conveyed by the bankrupt in fraud of creditors; and he may proceed to reoover the interest of the bankrupt in such property, whelher any creditor was ia a posi- tion to attack the transfer or not. �In Bankruptcy. �Austin G. Fox, for plaintiff. �Abbott Brothers, for defendants. �Wallaoe, D. J. Separate demurrers are interposed by the de- fendants Matthews and wife, and the defendant Murchison, to the bill of complaint. The complainant is the assignee in bankruptcy of Mat- thews, and the bill is framed with the object of reaching the interest ��� �