H. W. Gillett & Co. v. McCarthy
Supreme Court of Kansas
Error from, Pawnee District Court. Action brought October 19,1877, by Gillett & Co., against Timothy McCarthy and three others, to set aside a fraudulent conveyance made by said McCarthy and wife to one I). A.. Bright, on December 20, 1876, and duly recorded in the office' of the register of deeds of Pawnee county.
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Error from, Pawnee District Court. Action brought October 19,1877, by Gillett & Co., against Timothy McCarthy and three others, to set aside a fraudulent conveyance made by said McCarthy and wife to one I). A.. Bright, on December 20, 1876, and duly recorded in the office' of the register of deeds of Pawnee county. On October 5, 1877, Gillett & Co. obtained a judgment against McCarthy in the district court of Pawnee county for $213.71 and costs, and for the sale of the southeast quarter of section six-, in township twenty-two, range sixteen, in said county, levied-upon in said action under an…
1Opinion of the Court
*671The opinion of the court was delivered by
Horton, C. J.:
The question presented in this case has already been treated by so many courts, with such fullness of learning and ability, and so often adjudicated, that a reference to the conclusions obtained and the more important of the decisions is all we deem necessary. An attachment made prior to the period of four months next preceding the commencement of proceedings in bankruptcy is not dissolved under the bankruptcy act; not being dissolved, it remains in full force.' Where the attachment is made prior to that time, the debtor’s title to the…
2Cases cited5 opinions
- Bates v. TappanMassachusetts Supreme Judicial Court · 1868
- Robinson v. WilsonSupreme Court of Kansas · 1875
- Taylor v. BonnettTexas Supreme Court · 1873
- Daggett v. CookSupreme Court of Connecticut · 1870
- Leighton v. KelseySupreme Judicial Court of Maine · 1869
3Cited by2 opinions
- Garnett State Savings Bank v. TushSupreme Court of Kansas · 1983
- Polk County Federal Savings & Loan Ass'n v. WeathersSupreme Court of Kansas · 1983