Springer v. Ayer

Citations

• 50 Wash. 642
• 97 P. 774
• 1908 Wash. LEXIS 799

Syllabus

<p>Receivers — Actions—Pleadings—Parties—Right to Intervene — Representation of Creditors. Where an action is brought against the receiver of an insolvent, to recover property of the insolvent, and the receiver defends for the benefit of creditors, a complaint in intervention on behalf of certain creditors is demurrable as showing no right to intervene, where it sets up the same claims made on their behalf by the receiver in an answer filed in their interest and in the interest of all creditors who file their claims; since the receiver represents the creditors.</p> <p>Costs — Persons Entitled — Interveners. Persons improperly intervening are not entitled to costs from the insolvent’s estate.</p> <p>Fraudulent Conveyances — Sales — Conditional Sales — Subsequent Bona Fide Purchasers. Where the vendor, in a conditional sale, delivers possession to the vendee and fails to file in the auditor’s office a memorandum of the sale, as required by Laws of 1903, p. 6, the sale becomes absolute as to subsequent creditors in good faith.</p> <p>Replevin — Alternative Judgment — Amount — Fraudulent Conveyances. In an action of replevin against a receiver, where it appears that he was entitled to possession so far as he represented subsequent creditors in good faith, it is error to enter judgment in the alternative for the total amount of the claims of all creditors, in case return of the property to the receiver cannot be had, but the judgment must be reversed with directions to determine the amount of the claims of creditors entitled to the possession, in order to limit the alternative money judgment to such sum.</p> <p>Bankruptcy — Courts—Jurisdiction—Receivers. After the ap- _ pointment and qualification of a receiver in a state court, the appointment of a trustee in bankruptcy by the Federal court does not deprive the state court of jurisdiction, or the receiver of the right to possession of the property.</p> <p>Costs — Parties Entitled. Where a trustee in bankruptcy claims pr