Field v. Howry
Michigan Supreme Court
Appeal from Saginaw; Snow, J. Petition by Asa W. Field, receiver of tbe estate of George B. Wiggins, insolvent, against John W. Howry, John H. Howry, and H. Kirk Howry, for a deficiency decree after a foreclosure sale. From a decree against defendant H. Kirk Howry alone, he appeals.
1Opinion of the CourtHooker, C. J.
In November, 1894, George B. Wiggins, being insolvent, conveyed all of his' property to H. Kirk Howry and Stephen L. Wiggins in trust for creditors, with preferences. Subsequently this was decreed to be an assignment for the benefit of all creditors, without preferences, at the suit of a dissatisfied creditor, and Stephen L. Wiggins and H. Kirk Howry were appointed receivers. Thp property was already in their possession as trustees under the assignment first mentioned. During all of this time a firm known as J. W. Howry & Sons was in existence. It was engaged in the business of lumbering, and…
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