Legal Opinion

Wooldridge v. Williams

District Court, D. Alaska

Decided June 13, 1914No. 1916Published

The plaintiff, as trustee in bankruptcy of E. A. Williams, brought this action against Dora Williams and H. E. Lawson, her son, to set aside a certain deed and bill of sale, dated February 3, 1912, and recorded August 7, 1912, conveying all the real and personal property of the bankrupt to said Dora Williams.

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The plaintiff, as trustee in bankruptcy of E. A. Williams, brought this action against Dora Williams and H. E. Lawson, her son, to set aside a certain deed and bill of sale, dated February 3, 1912, and recorded August 7, 1912, conveying all the real and personal property of the bankrupt to said Dora Williams. The complaint alleges that the instruments were “made and executed” February 3, 1912, but that there was no delivery thereof then, nor at any subsequent time, but that on August 7, 1912, the defendant Dora Williams surreptitiously obtained possession thereof, and caused the same fi> be…

1Opinion of the Court

FULLER, District Judge.

It seems to be established by the evidence, therefore, that the conveyances were given by the-bankrupt to Mrs. Williams, in part to secure an existing indebtedness, and in part for a present consideration then paid him, and for future advances; that she took possession of the property prior to a period of four months before the filing of the petition in bankruptcy, but that the instruments were. *153recorded within such period of four months. The only question to be decided, then, is the the effect to be given to sections 60b and 60c of the Bankruptcy Act, as amended by the…

2Cases cited11 opinions

  1. Thompson v. FairbanksSupreme Court of the United States · 1905
  2. Humphrey v. TatmanSupreme Court of the United States · 1905
  3. Holt v. Crucible Steel Co. of AmericaSupreme Court of the United States · 1912
  4. Loeser v. Savings Deposit Bank & Trust Co.Court of Appeals for the Sixth Circuit · 1906
  5. Big Four Implement Co. v. WrightCourt of Appeals for the Eighth Circuit · 1913

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