57 Ala. 281 | Ala. | 1876
In the decisions of the Supreme Court of the United States, under the present, or under the bankrupt law of 1841, there is not discoverable any suggestion countenancing the proposition, so vigorously pressed by the counsel of the appellant, that an adjudication in bankruptcy strips other tribunals of jurisdiction already existing, and transfers to the court of bankruptcy exclusive jurisdiction of the estate of the bankrupt. As that court has said, there is nothing in the bankrupt law pointing to such a result.
The appellant failed to establish an outstanding title in the assignee in bankruptcy superior to that of the appellees. It was on the strength of this title, not on the strength of
In the view we have taken of the case, the evidence admitted against the objection of the appellant was merely redundant. Its tendency was to show actual fraud in the conveyance to the appellant. As matter of law, the conveyance was fraudulent and void as to antecedent creditors, and in this relation it was an admitted fact that the creditor stood, having the lien enforced by the sale under execution. The evidence was unnecessary, and its admission was not injurious to the appellant.
The judgment must be affirmed.