This case was heretofore considered by this court, upon demurrer to the complaint, (20 Ind. 155,) and the facts were fully stated in the opinion then pronounced, and for the purposes of this decision it is not necessary to repeat them. The complaint which was filed by the appellee presents tbe question whether or not an assignment for the benefit of creditor's, executed by one Shaffer to the appellant and another, was fraudulent and void. The appellee,
In the present action, it is sought to have a judgment previously obtained by Roberts, in his own right, against Shaffer $ Robeson, declared satisfied, on the ground that Robeson was merely a surety for Shaffer on the note upon which the judgment was obtained, and that Roberts and Wynn received, as assignees of Shqffer, under his deed of assignment for the benefit of his creditors, property which was applied as directed by the trust, but the trust being claimed to have been fraudulent, it is insisted that Roberts should have applied the property received under it to the discharge of his own judgment against Shaffer. To conclude Roberts, as to the question of the invalidity of the assignment, a transcript is now filed under a plea of former recovery, by which it appears, that in the Court of Common Pleas of Fayette county, Roberts, as assignee, his co-assignee Wynn having died, brought his action to recover certain personal property, which he claimed under the assignment, and which the sheriff had seized under an execution issued upon a judgment obtained by Robeson against Shaffer. The finding of the jury in that case was for the defendants, and that the property was liable to the execution in the hands
The judgment is reversed, with costs, and the cause remanded for further proceedings in accordance with this opinion.