Page:Federal Reporter, 1st Series, Volume 3.djvu/141

 134 FEDERAL REPORTER �In re Estes & Caeteb. {DMrM Court, D. Oregon. June 12, 1880.) �L FRATTDUI.ENT CONVETANCE— JUDGMBNT — LiEN. — A judgment ÎS not S �lien upon land previously coiiveyed in fraud of creditera, where the operation of the lien is limited by statute to " ail the real property of defendant," " from the date of the docketing of the judgment." 2. Bankbuptcy — Paethbhship Dkbts — Individual Dbbts — Ret. 8t. ii 5075, 5121.— Under the Bankrupt Act, (liev. St. §f 5075, 5121,) the property of a partnership is to be flrst applied to the payment of part- nership debts, and the property of each member thereol to the pay- ment of his hidividual debts. �In Bankruptcy. Petition to apply certain aBsets in pay- ment of individual debts. �Erasmus D. Shattiick, for assignee. �Charles H. Woodward and William W. Page, for judgment creditors. �Deady, d. J. On July 19, 1877, Levi Estes and Charles M. Carter were by this court adjudged bankrupts, both aa partners constituting the firm of "Estes & Carter," and as individuals. On May 4, 1876, Estes was the owner of the undivided one-half of lots 3 and 4, in block 39, in this city, and being insolvent conveyed the same, subjeet to a mort- gage thereon of, to William H. Cole, with intent to �hinder, delay and defraud his creditors. On Deeember 22, 1879, the circuit court for this district, in a suit brought for that purpose by the assignee of the bankrupts against said Cole, gave a decree setting aside and annuUing said convey- ance as fraudulent. Afterwards, the assignee, upon the order of this court, sold the property free from ail liens, if any, except that of the mortgage aforesaid, for the sum of $7,600. �Claims amounting in the aggregate to $19,495.19 have been proved against the joint estate of the partners and the individual estate of Estes — $7,540.06 unseeured, $836.15 arising upon judgments against the latter ; and $6,760.16 unseeured, and $4,361.82 arising upon judgments against the partnership. Besides these, claims amounting to $2,836.15, but seeured by mortgage upon othcr property, have been ����