Page:Federal Reporter, 1st Series, Volume 6.djvu/607

 GRAT V. BEOK. 595 ���dons by the district court in the case, under thc existence of the power. �The question adjoumed must, in its entirety, be answered. in the affirmative. ���Grat, Surviving Assignee, etc., v. Beok and another. �{District Court, D. New Jersey. April 11, 1881.) �1. Equitable Rbubp — Jurisdiction — Assignees in Bankritptcy. �A bill in equily by assignees in bankruptcy to recover the value of Personal property transferred to the defendant by the bankrupt, in fraud of his creditors, will lie dismissed for want of jurisdiction ; the complainant hag a plain, adequate, and complete remedy at law. �2. Saiie — Samb— PmAii HEARiNa. �A bill will be dismissed for lack ,of equity, although the point i» made for the flrst time when the cause comes before the court for final hearing on the pleadings and proof. �8. COSTB. �But inasmuch as the defendant ig in fault for oot raising the objec. tion in the pleadings, the bill will be dismissed without costg to the defendant. �In Equity. �'Nehon Smith, toT aoxsupi&m&ni. �M. T. Newbold, for defendant Beck. �Nixon, D. J. This suit was originally eommenced by William M. Gray and Alexander H. Wallis, assignees in bankruptcy of John Werder, against Joseph B. Beck and Werder, to recover the sum of $2,000, and also for the value of ' a barrel of wine, alleged to have been transferred to the said Beck by the bankrupt, after the proceedings in bank- ruptcy had begun, in fraud of his creditors, Pending the proceedings, Wallis, one of the assignees, died, and the suit has been revived and continued in the name of the surviving assignee. A decree j?rd confessa vras taken ' against the de- fendant Werder for not appearing and answering, and the other defendant, Beck, filed an answer to the bill of com- ��� �