· 3/15/1902

Spratlin v. Colson Bros.

Citations

  • 80 Miss. 278

Syllabus

<p>1. Fraudulent Conveyance. Sales. Partnership goods. Sale by one partner. Fraud.</p> <p>. The sale by one partner of the entire stock of partnership goods is not void as to creditors for want of the joinder therein of Ms co-partner, when made in pursuance of the well-known intention of the firm to sell out, and is unattended by any circumstance affecting the purchaser with notice of seller’s fraudulent intent.</p> <p>2. Same. Decree 'of chancellor. Manifest error. Innocent pv/rchaser. Bankrupt Act 1898, sec. 67, e.</p> <p>The conclusion of a chancellor that a sale within four months of the vendor’s adjudication in bankruptcy is within the exception contained in § 67, e, of the bankrupt act in favor of purchasers in good faith for a present valuable consideration, and therefore valid, will not be disturbed on appeal when it is supported by the evidence, or is-at least not manifestly wrong-.</p> <p>3. Records. Banlwuptcy. OerUheate of referee. Bankrupt Act 1898, sec. 21, d.</p> <p>A record purporting to show the petition for a debtor’s adjudication in bankruptcy, the adjudication, the appointment and qualification of the trustee, and a list of the debts proved against the bankrupt estate, is admissible in evidence when authenticated by the certificate of the referee.</p>

Judges: Terral

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