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HUNTINGTON V. SAUNDERS, 120 U. S. 78 (1887)

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U.S. Supreme Court

Huntington v. Saunders, 120 U.S. 78 (1887)

Huntington v. Saunders

Argued December 22, 1886

Decided January 17, 1887

120 U.S. 78

Syllabus

While a creditor who finds specific property of his debtor in the hands of the debtor's wife to whom it had been assigned by the debtor before bankruptcy may follow it and have it appropriated to the payment of his debt, a judgment in personam for its value cannot be taken against her in case the property itself cannot be found. Phipps v. Sedgwick, 95 U. S. 3, and Trust Co. v. Sedgwick, 97 U. S. 304, affirmed.

A bill in equity against husband and wife by the assignees in bankruptcy of the husband, which alleges that the husband, before the bankruptcy, transferred a large amount of personal property in the form bonds, stocks, &c., to the wife for the purpose of concealing the same from his creditors and delaying, hindering, and defrauding them and in contemplation of bankruptcy, and which does not describe the property, but avers inability to do so, and which waives answer under oath and asks as relief for a transfer to the assignees of the property in whatever form it may exist, as assets of the bankrupt, sets forth no case for relief in equity, and should be dismissed on demurrer.

This was a bill in equity which was dismissed on demurrer. The case is stated in the opinion of the Court. chanroblesvirtualawlibrary

Page 120 U. S. 79





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