Unger v. Mayer

This is a bill brought by a trustee in bankruptcy to set aside a conveyance and a mortgage as in fraud of creditors.

There is no question as to right of complainant to maintain this action.

In the case of Crane v. Brewer et al., 73 N.J. Eq. 558, Vice-Chancellor Howell held (syllabus 4):

"Under the express terms of the Bankruptcy act of July 1st, 1898 (30 Stat. 565 ch. 541 § 70e; U.S. Comp. Stat. 1901 p.3451), a trustee in bankruptcy represents all the creditors of the bankrupt, and takes all his property and rights, and may institute such proceedings to avoid illegal transactions as any of them…