In re Fisher

DICKINSON, District Judge.

An outline statement of the facts necessary to an understanding of the question involved in this case is this:

The petition in bankruptcy alleges insolvency, the confessing a judgment, the fixing of a time for the sale through mortgage foreclosure proceedings of property upon which this preferential judgment is a lien, and the failure of the defendant to vacate the preference within five days of the time fixed for the sale. The petitioners in bankruptcy maintain the affirmative of the proposition that this is “the suffering or permitting while insolvent a creditor to…