Allen v. Massey
Decision Date | 01 December 1872 |
Parties | ALLEN v. MASSEY |
Court | U.S. Supreme Court |
APPEAL from the Circuit Court for the District of Missouri; the case being thus:
The fourteenth section of the Bankrupt Act of March 2d, 1867,1 enacts that the judge of the District Court or the register in bankruptcy shall assign all the estate, real and personal, of a bankrupt to his assignee in bankruptcy, and that such assignment shall vest in the assignee all the said estate, and all the property conveyed by the bankrupt in fraud of his creditors, and that the assignee may sue for the same.
And the statute of frauds of Missouri enacts,2 that 'every sale by a vendor of goods and chattels in his possession, or under his control, unless accompanied by delivery within a reasonable time (regard being had to the situation of the property), and be followed by an actual and continued change of possession, shall be held to be fraudulent and void as against the creditors of the vendor or subsequent purchasers in good faith.'
These enactments, State and Federal, being in force, one Downing, being indebted to a certain Mrs. Massey, wife of John Massey, conveyed to her a quantity of furniture under the following circumstances: Downing and his family, with John Massey and his family, had been living together in the same house for eighteen years. About five years next previous to the sale now spoken of, they all moved to the house in which they were living at the time of this sale. When they moved into this house Downing furnished a part of it, and Massey a part; Downing furnishing the articles which were the subject of this sale, and which were principally furniture for the parlor, library, dining-room, halls, and stairways. Both families used and occupied the parlor, library, and dining-room alike, and made equal use of the furniture of these rooms. Massey did the marketing and paid the bills for household expenses, and attended to matters about the house; he and Downing making settlements from time to time and dividing the household expenses between them.
At the time of the sale Downing and Mrs. Massey went around and looked at the different articles of furniture, took an inventory of it, agreed upon the price; and completed the transaction by Downing turning over to her the furniture, and executing and delivering to her a bill of sale duly acknowledged before a notary public. After the sale both families continued to occupy the house and use the furniture as before; the furniture, however, being subject to the absolute and sole control of Mrs. Massey.
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York v. Washburn
... ... court of the state establishes a rule of property, and is ... within the rule stated. Allen v. Massey, 17 Wall ... 352, 21 L.Ed. 542; Lloyd v. Fulton, 91 Sup.Ct. 16, ... 47 L.Ed. 65. The facts of the present case make Louisiana v ... ...
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Independent District of Pella v. Beard
...De Wolf v. Rabaud, 1 Pet. 476; Caldwell v. Carrington, 9 Pet. 86. So as to assignments for creditors and deeds of assignment. Allen v. Massey, 17 Wall. 351; Jaffray v. McGehee, U.S. 361, 365, 2 Sup.Ct. 367; Randolph's Ex'r v. Quidnick Co., 135 U.S. 457, 10 Sup.Ct. 655; May v. Tenney, 148 U.......
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State ex rel. Wilson v. Rainey
...v. Chicago, etc., R'y Co., 94 U. S. 164; Town of South Ottawa v. Perkins, 94 U. S. 260, 267; Chicago v. Robbins, 2 Black 428; Allen v. Massey, 17 Wall. 351; Townsend v. Todd, 91 U. S. 452. Taxes in this State can only be assessed, levied and collected by the State and municipal officers in ......