Page:Federal Reporter, 1st Series, Volume 5.djvu/193

 m SB OHTTBOHUJlir* tl81 �tliat ipoinfii This omission raises a stfonginferenee agaînst the defendants that they could not testify to any other intent or purpose than the intent to take a preference. �The defendants have introduoed evidence for the purpose of Bhowing that there were irregularities and improprieties on the part of other creditors in instituting and carrying on the bankruptcy proceeding, and that the plaintiff, who was in the employment of one of thcse creditors, participated in these irregularities and improprieties. The evidence is wholly im- material. Neither the adjudication nor the title of the as- signee, who is merely the officer of the court and the repre- sentative of ail the creditors, can be collaterally attacked in this way, and the matters referred to have no bearing on the question of the alleged preference. �Deerees for the plaintiff, with costs, and reference to takô an account. ���In re Churchman & Co., Bankrupts. �(District Court, D. Delaware. Jàiiuary,^ 1881.) �L Surr Asadtst Assignee— Leeiî otx Vessel. — A suit in a bankrupt court, to ascertain and establish a lien on a v«ssel for supplies and repàirs furnished by a crediter against the assignee, is the prosecu- tion of an interest touching a right of property adverse to the assignee as the representative of the unsecured creditors. �2. Bame — Petition Against Fraud. — If the crediter proceeds by petition against the fund in court, being the proceeds of the sale of the vessel under the order of the court, and seelis equitable relief by an order or decree ascertaining and establishing his lien, or, in case of refusai, snch other relief as the court may think him entitled to, such pro- ceeding is substantially a suit, although it presents itself in the fonn of a petition and contains no prayer for process. �8. Bamb— Statutb of Limitatiokb— Rbv. St. § 5057.— Such suit is barred by the statute of limitations (Rev. Bt. § 5057) " unless brought wlthln twe years from the time when the cause of action accrued for or against suqh assignee." �In Bankruptcy. ����