Page:Federal Reporter, 1st Series, Volume 3.djvu/510

 m EE JEWETT. 503 �assignee, ail of whicL is charged against him by Larned, I do not pereeive that it is material, or in any way affects his right as a crediter to maintain this petition. Nor lias there been any delay, laches, or acquiescence on the part of the creditors which Larned can avail himself of to defeat the petition. So far as appears, Larned bas not altered bis sit- uation in reliance on the action of the court in any respect, and if be bad I do not pereeive that be can make that an objection, as be was a party to the misrepresentation by ■wbicb the order was obtained. �Tbe creditors are not limited to proceedings against the assignee in sueb a case; nor will the court remit tbem to a doubtful remedy by litigation against bim, where it can in the bankruptcy proceeding itself, without prejudice to the rights of any party, set right the wrong be bas donc. The court ■will protect bim against bis own mistakes, wbicb are injuri- ous to the estate, where it can do so without injury to other persons. If the creditor Larned bas any interest in or right to hold these policies, be will be at liberty to proceed in the mode prescribed by the statute to enforce his rights, but be cannot sustain tbose rights by an order improperly obtained. Whatever rights be bas will not be prejudiced by the vacating of tbis order. �Order vacated, ùpon surrender by the assignee of the release executed by the creditor. ���In THE Matteb op Jewett, Bankrupt. (District Court, W. D. Wisconsin. July 22, 1880. ) �BANKBUPTCr — VoLDNTART CoNVETANCKS — Fraud. — Conveyances made by a bankrupt to his sons, more than eight months prior to the flling of his petition, sustained, under the circumstances of this case, although the creditors were probahly not barred by the lapse of time, and the transaction, without the testimony of the banlcrupt, might have been tal^en as an attempt to hinder and delay creditoils. ����