McClure v. Newell

Jenkins, Justice.

1. By the terms of the Federal bankruptcy act, the trustee of a bankrupt estate is “vested by operation of law with the title of the bankrupt as of the date he was adjudged bankrupt, except in so far as it is to property which is exempt;” and this title includes “property transferred by him in fraud of his creditors.” §§ 70(a), (4), (e). By the 1910 amendment to sec. 47(a) the trustee is also “deemed vested with all the rights, remedies, and powers of a judgment creditor holding an execution returned unsatisfied” as to property of the bankrupt “not in the custody of the…