Dolson v. Kerr

Headnote

Assignment for the benefit of crreditm's — when void — exempt property — when does not pass under.

Where, at the time of the execution of an assignment for the benefit of creditors, it was agreed between the assignor and assignees that they should lease all. the assigned property to the wife of the assignor, which agreement was carried into effect, the assignees never taking possession of the property, but leaving

it with, the assignor and his wife: held, that the assignment was void, as tending to hinder, delay and defraud creditors.

All exempt property, although expressly excepted from the assignment, was included in the inventory and lease. Held, that as the assignees acquired no title by the assignment or the delivery under it, the wife’s title would not he superior to that of the creditors of her husband, and that his assent to the possession would not preclude the sheriff from levying upon a portion of such exempt property — viz., a team of horses — to satisfy a judgment obtained for their purchase-price upon the sale to the husband.

Appeal from a judgment in favor of the plaintiff, entered upon the verdict of a jury.