Page:United States Statutes at Large Volume 18 Part 1.djvu/1045

 iw.}; m.-BANKaUPrcY.-cn. 4. 973 papers relating thereto, and such assignment shall relate back to the V¤g¢.7'B1¤¤211·.18¢ commencement of the proceedings in bankruptcy, and by operation of ‘{‘¥Q}‘°‘;“Q;{”l}°1’· law shall vest the title to all such property and estate, both real and EmS°(fjj,nl;’R;zgTc personal, in the assignee, although the same is then attached on mesne 154; 'Bowman if process as the property of the debtor, and shall dissolve any such attach- H¤Fdi¤g, 4 B¤¤k· ment made wit in four months next preceding the commencement of the §· 5i gm? "· bankruptcy proceedings. 64;;"§;°,;lIj£;‘lkj Rouse, 22 Wall., 263; Morgan r. Campbell, 22 Wall., 381; Donaldson, assignee, v. Farwell et al., 93 U. S., 631; Jayoox and Green’s Case, 13 Blatch., 70; Rix r. Capitol Bank, 2 Dill., 367; Austin r. Reilly, 2 Wood., 670. Sec. 5045. There shall be excepted from the operation of the convey- E¤€*¤¤Pt1<>¤¤- ance the necessary household and kitchen furniture, and such other articles and necessaries of the bankrupt as the assignee shall designate 176 ,,_ 1,i’,,_14’;' and set apart, having reference in the amount to the family, condition, 522: ’ i l and circumstances of the bankrupt, but altogether not to exceed in 8 ·1¤¤€» 1872, ¢· value, in any case, the sum of five hundred dollars; also the wearing 33g*‘£;17·1°;g§§· apparel of the bankrupt, and that of his wife and children, and the uni- 235 ,,_?j·"p_ 5§7’_ c` form, arms, and equipments of any person who is or has been a soldier .;;_ in the militia, or in the service of the United States; and such other 1,,,-,;];,,01,;,,,-;,,,,;, property as now is, or hereafter shall be, exempted from attachment, or 1 Dill., 45; In re seizure, or levy on execution by the laws of the United States, and such g'*“kB“'°“ C<>b}>,1 other property not included in the foregoing exceptions as is exempted Tea'} },E:%’,l"?,’IQ from levy and sale u n execution or other process or order of any court gmk_ R.,g_,6g; ’I,, by the laws of the Srtaéte in which the bankrupt has his domicile at the re Griffin, 2 Bank. time of the commencement of the proceedings in bankruptcy,_to an }*°¥·· B5? In ” amount allowed by the constitution and laws of each State, as existing 1f,gl"°jl;b"1;?""é in the year eighteen hundred and seventy-one; and such exemptions Jaffe,-,,(§n and shall be valid against debts contracted before the adoption and passage Pearce, 2 Bank. of such State constitution and laws, as well as those contracted after gg?-» I58i In " the same, and against liens by jud ment or decree of any State court, R8;,"°yi6§_ I2""; any decision of any such court rendered since the adoption and passage Mc;],,,,, é gmk_ of such constitution and laws to the contrary notwithstanding. These Reg., 173; Li re exceptions shall operate as a limitation upon the conveyance of the prop- g§°t€’» 5 B¤¤1<- _ . . _ . _ g., 285; In re erty of the bankrupt to his assignee, and in no case shall the property Stevens 5 Bank hereby excepted pass to the assignee, or the title of the bankrupt thereto 3,8;, jgg, [,, Ti be impaired) or aifected by any of the provisions of this Title; and the Welsh, 5 Bank. determination of the assignee in the matter shall, on exception taken, be ?¤·» 3**3 In N subject to the iinal decision of the said court. R,;",;;,;? gagsé; n. En-ben, 2 Bank. Reg., 66; be re Hay, 2 Low., 180; Nutter r. Wheeler, 2 la-iwi, 346; L, rc Jones, 2 Dill., 343; L1 re Hezekiah, 2 Dill., 551; In rc Cohen, 3 Dill., 295; Lt re Poleman, 5 Biss., 526; In re Davis, 2 Saw., 255; In re Henkel, 2 Saw., 305; bi re Smith, 2 Woods, 458; McFarland r. Goodman, 6 Biss., 111; In re Owens, 6 Biss., 432. Sec. 5046. All property conveyed by the bankrupt in fraud of his What property creditors: all rights in equity, choses in action, patent-rights, and copy- ‘f§f1¤ ¤¤¤¤z¤¢¢- rights; all debts due him, or any person for his use, and all liens and 2 Mar., 1867, cl securities therefor; and all his rights of action for property or estate, 176, S. 14, v. 14, p. real or personal, and for any cause of action which e had against any person arising fron1 contract or from the unlawful takinglor detention, Allan ¤—. Massay, or injurv to the property of the bankrupt; and all his rig ts of redeem- 17 Wall., 351; ing such property or estate; together with the like right, title, power, ?j‘:$kl%f"'g"-C£1‘ and authority to sell, manage, dispose of, sue for, and recover or defend (K _’ ,149. Q;,,,; the same, as the bankrupt might have had if no assignment had been z·. hall, 7yBush., made, shall, in virtue of the adjudication of bankruptcy and the appoint- (SKY;.) 66;Pr¤tt r. ment of his assignee, but subject to the exceptions stated in the preced- &"“i393 DB91gé ing section, be at once vested is such assignee. at gif ,._ ’Aml;;" 2 Bank. Reg? 147; Claflin 1·. Houseman, 93 U. S., 130; Foster et al,v. Ames,] Low., 313; Ez park ockford et al.; In re McKay et al., 1 Low., 345; Ex parte Faxon, 1 Low., 404; In re Griffiths, 1 Low., 431; In re Johnson & Stowers, 2 Low., 129; Nutter v. Wheeler, 2 Low., 346; Durant 1·. Massachusetts Hos. Life Ins. Co., 2 Low., 575; Humes r. Scruggs, 94 U. S., 22; Collin’s Case, 12 Blatch.,548; Sanford v. Lockland, 2 Dill., 6; In rc Mumu, 2 Dill., 120; Borland r. Rhillips, 2 Dill., 383; Kralppner v. Saint Louis Railroad et al., 3 Dil1.,228; Gibson z·. Dobie,5 Biss., 198; Godda v. Weaver, 1 Woods, 257; Jackson r. McCulloch, 1 Woods, 433; In rc Sutherland, 6 Biss., 526. Sec. 5047. The assignee shall have the like remedy to recover all the Right of action estate, debts, and effects in his own name, as the debtor might have had °f ’·‘“'8”°°·