Little, Assignee v. Alexander
Supreme Court of the United States
Appeal from tbe Circuit Court for the Western District of North Carolina. Little, as assignee in bankruptcy of J. R. Alexander, the father, filed a bill against T. L. Alexander, the son, to have certain real estate of the bankrupt, the father, and which had come as paid of his assets to the complainant as assignee, relieved from the apparent incumbrance of a judgment which the son had got against it; the father having made no opposition to the obtaining of the judgment.
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Appeal from tbe Circuit Court for the Western District of North Carolina. Little, as assignee in bankruptcy of J. R. Alexander, the father, filed a bill against T. L. Alexander, the son, to have certain real estate of the bankrupt, the father, and which had come as paid of his assets to the complainant as assignee, relieved from the apparent incumbrance of a judgment which the son had got against it; the father having made no opposition to the obtaining of the judgment. The court below dismissed the' bill, and the assignee in bankruptcy took this appeal. The judgment was docketed on the 19th…
1Opinion of the CourtJustice Miller
stated the case, and delivered the opinion of the court.
The question in the case on which the decision of it must turn is, whether the bankrupt intentionally aided in the procurement of this judgment, in order to give his son a preference over his other creditors. We are of opinion that he did.
It is quite apparent that from'the close of the late civil war Alexander, the father, was insolvent, and that this was well known to the sou, to whom he was indebted between two and three thousand dollars. He also owed other debts, and his property consisted of two or three parcels of land, and perhaps…
2Cited by5 opinions
- Conover v. HullWashington Supreme Court · 1895
- Sartwell v. NorthMassachusetts Supreme Judicial Court · 1887
- Wright v. Fergus Falls Nat. BankSupreme Court of Minnesota · 1892
- Brown v. Jefferson County Nat. BankU.S. Circuit Court for the District of Northern New York · 1881
- Balfour v. WheelerDistrict Court, S.D. New York · 1883