123 Iowa 432 | Iowa | 1904
III. It will be observed that the bankruptcy proceedings were instituted within four months after the date of the execution of the mortgage to plaintiff. It is the contention of the intervener that the mortgagor was at the time of the giving of such mortgage insolvent; that the giving thereof amounted to an act of bankruptcy, within the meaning of
We conclude that the taking of the mortgage in question did not constitute a preference, within the meaning of the bankruptcy act. It follows that the decree entered by the district court was right, and it is aeeirmed.