In re Ferguson

BBOWjST, District Judge.

On the 12th day of April, 1899, a petition was filed by creditors of George D. Ferguson, seeking to have him adjudged a bankrupt on the ground that, being insolvent, he liad not vacated a preference acquired by sheriff’s levy on his stock of goods five days before April 13, 1899, on which day the sale, as advertised, was to take place. Bankruptcy Act, § 3, cl. a, subd. 3. The debtor appeared and answered, denying only the act of bankruptcy alleged.

*430The evidence shows that the defendant was in business at Mt. Vernon, Westchester county; that on the 13th of August, 1897,…