Johnson v. Wald

• Decision Date: 11 April 1899
• Docket Number: 801.
• Citation: 93 F. 640
• Parties: JOHNSON v. WALD et al.
• Court: U.S. Court of Appeals — Fifth Circuit

93 F. 640

JOHNSON v. WALD et al.

No. 801.

United States Court of Appeals, Fifth Circuit.

April 11, 1899

Lewis Wald and three other creditors of J. C. Johnson filed their petition, showing that they each held provable claims against him amounting in the aggregate to more than $500. The petition contained the usual formal averments, and charged that J. C. Johnson, within four months next preceding the time of filing the petition, 'at Calhoun, Ga., in said district, on the 13th day of October, 1898, being possessed of and owning certain property described in a certain instrument of writing made by the said Johnson to the said F. Fields, bearing date on said 13th day of October, 1898, and described and set forth in said instrument of writing made by the said Johnson to the said Fields in the following language, to wit: 'My entire stock of merchandise now located in brick storehouse on Railroad street, in the town of Calhoun, said house being the property of J. B. F Harrell, now occupied by J. C. Johnson, said stock of merchandise consisting of dry goods, boots, shoes, notions clothing, hardware; also show cases, tinware, and crockery iron safe of the Hall Lock Company manufacture; also oil tanks and oil pumps,-- in fact everything I have in my said storehouse; also one large iron gray horse, about nine years old, one dray and harness for same; also ten acres of corn planted on the R. Peters farm, of the value of seventy-five dollars;' also eighteen hundred dollars or other large sum, consisting of notes and accounts held and owned by the said J. C. Johnson against various and sundry parties whose names petitioners are unable to give or the respective amounts of said notes and accounts,-- did convey and transfer the same, with all other property herein described, on said 13th day of October, 1898, to J. F. Fields, of Gordon county, Georgia, a brother-in-law of said J. C. Johnson, the said J. C. Johnson being insolvent at the date and time of the transfer of said property within the meaning of said act. The said J. F. Fields being one of the creditors of him, the said J. C. Johnson, said transfer of the said property by the said J. C. Johnson to the said J. F. Fields was made with intent to prefer such creditor over other creditors of him, the said J. C. Johnson. Your petitioners further charge that said transfer of said property by the said J. C. Johnson to the said J. F. Fields was made with intent to defraud your petitioners and defeat the payment of their several claims against him, the said J. C. Johnson. ' The prayer was that the said J. C. Johnson may be declared a bankrupt. Johnson filed an answer in which he admitted the debts due to petitioners (except one of them), admitted that he was insolvent, and as to the charge of his having transferred his property to J. F. Fields he answered as follows: 'He admits making a transfer of his property, as shown by said deed as charged in the petition, to said Fields, but he denies that said transfer was made for the purpose of hindering, delaying, and defrauding his creditors, or for the purpose of preferring said Fields. Said transfer was made in good faith and for a good and valuable consideration, and said transfer is valid under the bankrupt act.'

On the trial of the issue, the deed of Johnson to Fields was offered in evidence:

'Deed. J. C. Johnson to J. F. Fields.

'Georgia, Gordon County.

'This indenture, made this the 13th day of October, 1898, between J. C. Johnson, of the county and state aforesaid, of the one part, and J. F. Fields, of the same place, of the other, witnesseth that the said J. C. Johnson, for and in consideration of the sum of twenty-five hundred dollars ($2,500) cash in hand paid, the receipt whereof is hereby acknowledged, does by these presents grant, bargain, sell, and convey unto the said J. F. Fields my entire stock of merchandise now located in brick storehouse on Railroad street, in the town of Calhoun in said county, said house being the property of J. B. F. Harrell and now occupied by said J. C. Johnson, said stock of merchandise consisting of dry goods, boots, shoes,

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