Page:Federal Reporter, 1st Series, Volume 2.djvu/194

 CRAKE V. PBNNT. ■ 187 �tion came before a court of equity immediately after the fact, that it might feel inclined to separate that portion of the value of the property which belonged to the wife, and give her the benefit of it in some of the modes within the province of a court of equity; but where so much time has elapsed without action on the part of the wife, and the husband has been permitted for so long to treat property as his own, it would seem to be inequitable, as well aai impracticable, to eever the interest of the wife from that of the husband. �For these reasons the decree of the district court in each case is affirmed, with costs. ���Crane and others, Assignees, etc., v. Penny and another. �(District Court, 8. D. New York. April 27, 1880.) �JUDGMENT — Lien of — Dormant Execution. — Under the laws of New York the lien of a judgment, except as against bona fide purchasers for value and subsequent judgment creditors, attaches to the goods and chattels of the debtor from the time the execution is issued to the BherifE to be executed, though no levy is made, and such lien does not beoome dormant merely by virtue of instructions to the sherilï to delay his levy. �Assignee in Bankhupïct— ïakeb Sobject to All Liens.— An assignee in bankruptoy takes the property subject to ail existing liens, and can- not avail himself of a claim that an execution was dormant at the time of the assignment, if the bankrupt could not. �JUDSMBNT Bï DEPAULT — MOTION TO VacATB — BUBMISSION TO JdeISDIC- �TiON. — An application by a defendant in an action against whom a judgment by default has been entered, for a vacation of the same, and for other relief, and procuring a stay of proceedinga until the hearing and determination of such motion, is such a submission to the jurisdiction of the court as will cure ail defects of jurisdiction to the peraon of such defendant. �Fkadd — Waivbr of Kight to Relief. — Oomplainant's assigner in bank- ruptoy hdd to have waived its right to relief on the ground of fraud before its adjudication in bankruptcy. �Im-eoal Preference — Bukden of Proof — Ckbditor's Knowledge. — The burden of showing thàt a crediter of a bankrupt has acquired an illegal preference is upon the assignee seeking to avail himself of that fact. He, must show, by a fait preponderance of proof, that the debtor ����