158 Ga. 304 | Ga. | 1924
Ike J. Berry filed an equitable petition in Floyd superior court, against J. E. Camp, of Floyd County, John W.. Watkins, and his wife, Minnie I. Watkins, of Muscogee County, and alleged, in substance, that John W. Watkins was indebted to the plaintiff in certain sums; that Watkins had executed to his wife deeds conveying certain lands belonging to him, for the purpose of hindering, dela3Úng, and defrauding his creditors; that the lands had been sold subsequently by the wife to J. E. Camp, who was indebted to hex for-a large portion of the purcliase-mone}^ which was about to become due; and that Watkins had filed his petition in bankruptcy, which was pending. The plaintiff prayed for cancellation of the coin^ance from Watkins to his wife, and for injunction restraining Camp from pa3'ing any of the sums due on the land.' Watkins and his wife appeared and filed answers to the merits of the case, and filed no plea to the jurisdiction of
John W. Watkins and Mrs. Minnie I. Watkins, having voluntarily filed answers to the merits of the case, without filing a plea to the jurisdiction of the court, will not later be heard to say that the court was without jurisdiction as to them. Civil Code (1910), § 5664; McGahee v. Hilton & Dodge Lumber Co., 112 Ga. 513 (37 S. E. 708); Campbell v. Mercer, 108 Ga. 103 (33 S. E. 871); Levison v. Gordy, 157 Ga. 670 (122 S. E. 234); Sarah v. State, 28 Ga. 576.
A receiver appointed under the bankruptcy act of July, 1898, c. 541, § 2, cl. 3, 30 Stat. 545 (U. S. Comp. St. 1901, p. 3421), has authority only to take charge of the visible property of the bankrupt and preserve it as a custodian until the appointment of a trustee, and is without power to sue to set aside an alleged fraudulent transfer of the bankrupt’s property. Guaranty Title &c. Co. v. Pearlman, 144 Fed. 550; 1 Collier on Bankruptcy (12th ed.), 50, § 2 (3). Consequently the court below did not err in disallowing the amendment in the nature of an intervention) praying that the receiver in the bankruptcy court be made a party
Judgment reversed.