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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1871 Excerpt: ...of the debtor and his future acquisitions, while at the same time the lien of the attachment upon the property which it bound is saved, and may be enforced. Supreme Ct., 1849, Peck v. Jenness, 7 How., 612. Compare Everett v. Stone, 3 Story C. Ct., 446. 158. Attachment, after bankruptcy. After an act of bankruptcy, --e. g., the making of a fraudulent conveyance, a creditor having notice of it cannot, by proceeding in a State court, obtain a valid lien, and seize the property of the bankrupt to the exclusion of his other creditors. Such an act is in fraud of the law, and void. Supreme Ct., 1848, Shawhan v. Wherritt, 7 How., 627. See, also, Exp. Foster, 2 Story C. Ct., 131. 149. A judgment, recovered in an attachment suit, before proceedings commenced in bankruptcy against the debtor, is a lien, and is saved by the act. 1st Circ, 1842, Matter of Cook, 2 Story C. Ct., 370. 160. Judgment on default. Whore the debtor, being sued, voluntarily submitted to default beforo bankruptcy, and the assignee, appointed beforo judgment, having knowledge of the facts, does not apply to open the default, this is regarded as an abandonment of any defense, and conclusive on the creditors. 1st Circ, 1843, Fiske v. Hunt, 2 Story C. Ct., 582. 161. Power of attorney to enter judgment. Where, by the local law, a judgment or execution makes a lien ou property, a power of attorney given by the debtor to confess judgment, is a security mado or given by the debtor, under the second section of the bankrupt act (5 Stat, at Large, 442), and is void, if made or given by the debtor in contemplation of bankruptcy and for the purpose of giving a preference. Supreme Ct., 1851, Buckingham v. McLean, t 13 How., 150. And see Exp. Johnson, 1 N. Y. Leg. Obs., 106. 162. Creditor's bill effects a lien. B...
