BARBOUR V. PRIEST, 103 U. S. 293 (1880)

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U.S. Supreme Court

Barbour v. Priest, 103 U.S. 293 (1880)

Barbour v. Priest

103 U.S. 293


1. In order to render a mortgage of real estate made by an insolvent debtor void as a preference and fraudulent conveyance, within the meaning of the thirty-fifth section of the Bankrupt Act of March 2, 1867, c. 176, 14 Stat. 634, it must be affirmatively shown by his assignee in bankruptcy that the grantee had reasonable cause to believe that the grantor was insolvent at the time he executed the mortgage, and that it was made with intent to defeat the bankrupt law.

2. Grant v. National Bank, 97 U. S. 80, approved.

The facts are stated in the opinion of the Court.


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