Kell v. Cumby

Kenna, Judge:

This chancery proceeding attacking a deed between others as a fraud upon the creditors of the bankrupt was instituted in the Circuit Court of Mercer County by William L. Kell, trustee in bankruptcy for Arthur Andrew Cumby, against Arthur Andrew Cumby and others, and from a decree for the plaintiff the defendants appeal. The bill of complaint, demurrer to which was overruled, contains the following allegations:

The adjudication of Cumby’s bankruptcy on the sixth day of February, 1941, and the selection of Kell, trustee; Cumby’s prior adjudication and discharge on August 11, 1934;…