RUNDLE v. MURGATROYD'S ASSIGNEES


4 U.S. 304 (____)

4 Dall. 304

Rundle versus Murgatroyd's Assignees.

Supreme Court of United States.


SHIPPEN, Chief Justice.

The mortgage given by Murgatroyd is resisted on behalf of his creditors, upon the general ground, that it was given in contemplation of bankruptcy. There is but one exception to the rule, which declares a conveyance so given to be void; namely, where a creditor obtains a preference, by urging his debtor for payment, and threatening him with legal process. The only question, therefore, is a matter of fact, whether Murgatroyd, at the execution...

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