Elliott v. Warfield

Citations

• 122 Cal. 632
• 55 P. 409
• 1898 Cal. LEXIS 647

Syllabus

<p>Insolvency—Adjudication—Prior Levy under Execution—Subsequent Sale.—Under the Insolvent Act oí 1880, a levy under execution against an insolvent debtor made within one month before the ■ adjudication of insolvency, is not dissolved or affected by such adjudication, and the property levied upon may be sold under the execution after such adjudication.</p> <p>Id.—Effect of Prior Attachments.—The fact that there were prior attachments in other suits for an amount in excess of the value of the property, and also an attachment in the subsequent suit, all of which were dissolved under the operation of the insolvent act, is immaterial, and does not prevent the subsequent execution levy and sale in the last suit from being effective, in the absence of any charge of actual fraud or collusion with the insolvent, or of any act done by him with intent to give preference to a creditor.</p>