US LAWS, STATUTES and CODES : Chan Robles Virtual Law Library USA Supreme Court Decisions | Resolutions : Chan Robles Virtual Law Library

ChanRobles™ Virtual Law Library™ |™   
Main Index Repository of Laws, Statutes and Codes Latest Philippine Supreme Court Decisions Chan Robles Virtual Law Library Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Legal Resources United States Supreme Court Jurisprudence ChanRobles LawTube - Social Network

ChanRobles Internet Bar Review : DebtKollect Company, Inc. - Debt Collection Firm Intellectual Property Division - Chan Robles Law Firm

Philippine Supreme Court DecisionsChanRobles On-Line Bar Review

google search for chanrobles.comSearch for

PEARSALL V. SMITH, 149 U. S. 231 (1893)

Subscribe to Cases that cite 149 U. S. 231 RSS feed for this section

U.S. Supreme Court

Pearsall v. Smith, 149 U.S. 231 (1893)

Pearsall v. Smith

No. 198

Argued and submitted April 18, 1893

Decided May 1, 1893

149 U.S. 231


An assignee in bankruptcy brought a suit in equity in September, 1886, to set aside transfers of property made by the bankrupt in 1874 in fraud of creditors, and recorded prior to June, 1875. He had been declared a bankrupt in August, 1878, and the assignment in bankruptcy had been made in February, 1879. The answers set up the statute of limitations of the State of six years and the bankruptcy statute limitation of two years. Judgment creditors of the bankrupt included in his schedules in bankruptcy brought a suit in the supreme court of the state in July, 1875, against the present defendants to set aside as fraudulent the conveyances in question, and duly filed a lis pendens, in which suit the same charges were made as in the present suit. The bill alleged that a decree was made in that suit, in favor of the plaintiffs, in November, 1885, and that it was not until the assignee in bankruptcy was informed of that decree in July, 1886, that he received knowledge or information of the transfers of the property or of any facts or circumstances relating thereto or tending to show or to lead to inquiry to any fraudulent transfer. The bill did not set forth what were the impediments to an earlier prosecution of the claim, how the plaintiff came to be so long ignorant of his rights, the means, if any, used by the defendants fraudulently to keep him in ignorance, or how and when he first obtained knowledge of the matters alleged in the bill. Held that the case was a clear one in favor of the bar of limitation both by the state statute and by the bankruptcy statute.

The case is stated in the opinion. After hearing counsel for appellant, the Court declined to hear further argument. chanroblesvirtualawlibrary

Page 149 U. S. 232

ChanRobles™ LawTube

google search for Search for

Supreme Court Decisions Philippine Supreme Court DecisionsUS Supreme Court Decisions



Browse By ->> Volume


Browse By ->> Year


  Copyright © ChanRobles Publishing Company | Disclaimer | E-mail Restrictions
ChanRobles™ Virtual Law Library |™