Foltz v. Davis

(after stating the facts as above).

The following question is presented by this appeal. As against appellant, were the deeds valid notwithstanding they were recorded within four months of the filing of the petition in bankruptcy?

In answering it, we must assume (a) that bankrupt was insolvent when he executed and delivered the deeds to the bank, (b) that the bank then knew of the bankrupt’s insolvency and that the transfer of the property was intended to and did work a preference in its favor, (e) that the deeds were to secure an antecedent indebtedness to the bank, and (d) that said deeds to…