Miller v. O'Bannon

Cooper, J.-,

delivered the opinion of the Court.

O’Bannon & Morris, lessees and proprietors of the Peabody Hotel, in the city of Memphis, on the 3rd of March, 1876, made an assignment to the defendant, E. P. Phillips, in trust for the benefit pro rata of all their creditors, of their “rights, interest, property and effects” in said hotel, including “ notes, books, accounts, and choses in action.” ■ This assignment was noted- for registration -at five minutes before eleven o’clock of the forenoon of that day. The contest is between the assignee and two of the creditors of the assignors, who…