Page:Federal Reporter, 1st Series, Volume 5.djvu/72

 60 FEDEEAL EEPOBTER. �from consenting to the discharge. It would seem tLat there ought not to be any difficulty or doubt about such a ques- tion. It bas been settled for a long time. The crediter holds the bond of the bankrupt as an evidence of the bank- rupt's indebtedness to him. The only security -which the act requires him to surrender, before he proves bis claim in order to participate in the dividends of the estate, is a "mortgage or pledge of real or personal property of the bankrupt." Ses section 5075, U. S. Eev. St. He may re- tain whatever other security he is fortunate enough to have, and may look to and exhaust ail the sources of payment which he holds, until his claim is fuUy satisfied. Such was the dictum of Lord Chaneellor Hardwick, in 1743, in Ex parte Bennett, 2 Atk. 527; and such has been the uniform ruling of the English and American courts in bankrnptcy c^ses from that day to this. Exparte Pwrr, 18 Ves. 65 ; English v. Bra- ley, 2 Bos. & Pul. 62; In re Babcock, 3 Story, 393; In re Cram, 1 N. B. E. 504; In re Dunkerson, 4 Biss, 253; In re Anderson, 12 N. B. E. 502. �The bankrupt is entitled to his discharge. ���In re Estes & Cabter. �(Cir&uit Oov/rt, D. Oregon. December 13, 1880.) �1, IfRADDUl-ENT CONVBTAIICll — SUBSHQtrEIiT JUDGMBNT— LtEN. — The Stat- �ute of Oregon coneerning fraudaient conveyanoes provides, among other things, that erery conveyance of anj' estate in lands " made with intent to hinder, delay, or defraud creditors of their lawful demands, * * * as against the person so hindered, delayed, or defrauded, shall he void," Bdd, under this statute, that until the conveyarice is set aside a mere equitable right remains in the creditor, ■which he may or may not enforce, and until he does enforce it the estate is in the grantee, and upon it a judgment creditor aciiuirea no lien by Ma judgment. — [Ed. �In Bankruptcy. Errer to the district court. FiBLD, C. J. In July, 1877, Levi Estes and Ciharles M. Carter, as partners, composing the firm of Estes & Carter, ����