Page:Federal Reporter, 1st Series, Volume 5.djvu/199

 IH EE CHUBCHUA.M. 187 �and Milnery. Meelc, 95 U. S. 252, have treated and considered proceeding by petition on behalf of the assignee, to dispute with lien creditors of the bankrupt the validity of their liens, as suits in equity. And this disposes of ail that ia neoessary to be said on that point. Supposing that petitioners were bound to proceedby suit against the assignee, are they barred by the statute of limitations, before quoted? This lien arose on the furnishing of the repairs and supplies, if it -was created at ail, and could have been entorced by suit immediately after- ■wards — before the bankruptcy, if they were furnished before that period — and at any time subsequently. Certainly.the vessels could have been proceeded against by suits in rem as well as the funds arising from their sale. As the goods were furnished, (the last charge being on October 15, 1875,) it will appear that more than four yeara had elapsed before suit, was brought to asoertain and establish the lien growing out of the petitioners' claim, the petition having been flled on November 19, 1879. The petitioners' counsel insists that the statute of limitations cannot commence to run against the assignee until the reoeipt by him of the money from' the sale of the boats, which was December 12, 1877. This is mani- festly an error, as by operation of law ail the property of the bankrupts was vested in him by deed of assignment, referring back and operative from the date of the bankruptcy, which was March 13, 1876. Moreover, this suit is not merely to take money out of court ; it is also for the ascertainment and enforcement of a lien, and it was fuUy competent for the peti- tioners to bave ascertained and established ail liens on the property of the bankrupts as fully and effectually after the appointment of the assignee as before. We cannot, there- fore, accept this view of the case as affected by the statute of limitations. �The supreme court, in Bailey v. Glover, 21 Wall. 342, say in reference to the statute of the Eevised Code above quoted : "This is a statute of limitations. It is precisely like ail other statutes oi limitations, and applies to ail judicial contests between the assignee and other persons touching the property or rights of property of the bankrupts, transferable or vested ����