Page:Federal Reporter, 1st Series, Volume 7.djvu/772

 760 FBDEBAIi BSPOBTEB, �deoree subrogating the Plant mortgage to the residue of th© fund after payment of the judgment in favor of Gunn, But as this ruling gives the judgment a lien for principal and interest from the date of the original verdict and judgment, (the judgment bearing interest as a secured debt,) and as this will absorb the whole fund, this decree is refused; espe- cially as it does not appear that the mortgage would have any priority of lien except on the proceeds of the sale of the mortgaged property. �4. The doctrine of election of two funds does not apply except where both are equally accessible to the crediter. The oreditor having the senior lien cannot be forced by one having a junior lien to resort to a fund which is only par- tially collected, and the balance of which is merely in the form of promissory notes of purchasers of land, the note» being due on long time. �Upon these grounds the decree of the court is that the complainants' bill be dismissed at their cost. �Ebseixe, J., concurred. ���NisBET, Assignee, etc., v. Qunw. �The Same v. Dub. �The Same v. Kahn. �(Oireuit Court, 8. D. Oeorgia, W. D. May 12, 1881.) �1. J<"BAtrDUUiNT Sales— Rev. St. §} 5129, 5130. �Sales amounting to $1,100, $1,900, and $2,200, made in one week to three persons by a retail dealer who owed $11,000, and whose stock consisted of merchandise worth $8,000, and wbose sales, in the usual course of his business, amounted to $1,100 per month, are prima facii fraudulent, under sections 5129, 5130, of the Revised Statutes. �2. Bame— Vendbbs. �Where the vendees were familiar with the nature of the bankrupt's business, and where such purchases were not in the ordinary course of the business of the vendees, as well as in that of the vendor, the assignee in bankruptcy of the latter may recover from them the value ��� �