In re Darwin

Citations

• 117 F. 407
• 54 C.C.A. 581
• 1902 U.S. App. LEXIS 4447

Syllabus

<p>1. Bankruptcy—Avoiding Execution.</p> <p>Under Bankr. Act 1898, § 67, declaring void all levies and liens obtained through legal proceedings against an insolvent within four months before the filing of the petition on which he is declared a bankrupt, a lien of execution on property purchased by the bankrupt within sixty days of the petition, he having been insolvent more than four months, is void, though in the state in which the judgment was obtained and in which was the property there prevails the common-law rule ’ that the lien of the execution relates back to the teste thereof,—that is, the first day of the term at which the judgment was rendered,—and this was more than four months prior to the petition in bankruptcy.</p>