Park v. Bamberger

Citations

• 52 Miss. 565

Syllabus

<p>1. Cosveyaitoe : Pt-efeiTed creditors. Case in judgment.</p> <p>On 29th January, 1868, R., of the firm of R. & B., conveyed a town lot to P., who was a creditor of the firm of R. & B. The deed was recorded 30th January. On 31st January, B., B. & Co. levied an attachment upon the lot. In February, 1868, R. & B. were adjudicated bankrupts. The bankruptcy was suggested on the record of the circuit court, and the attachment suit continued until November, 1872, when final judgment was rendered therein, and the lot in question ordered sold. Thereupon P. enjoined the sale, claiming the lot as his property. Held, that the conveyance to P. vested in him the legal title, unless it was fraudulent; that the evidence does not sustain the charge of fraud; that the transaction was an effort to save harmless P., who was a creditor of the firm; that although such conveyances are condemned by the bankrupt law, and the assignee might have avoided the deed and recovered the propertjq yet it was competent by the common law for R. & B. to prefer a creditor; that this not being a contest between the assignee in bankruptcy of R. & B. and P., the rights of the parties are to be governed by the general rules of law applicable to preferred creditors, and not by the provisions of the bankrupt law, which this court is not required to enforce in this suit.</p>