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SWIFT v. MOBLEY

No. 5411.

28 F.2d 610 (1928)

SWIFT v. MOBLEY, State Superintendent of Banks, et al.

Circuit Court of Appeals, Fifth Circuit.

October 23, 1928.

Attorney(s) appearing for the Case

Stephen C. Upson, of Athens, Ga., and Raymond Stapleton, of Elberton, Ga. (Mathilde Lumpkin Upson, of Athens, Ga., on the brief), for appellant.

William L. Erwin, of Athens, Ga. (Erwin, Erwin & Nix, of Athens, Ga., and Z. B. Rogers, of Elberton, Ga., on the brief), for appellees.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

BRYAN, Circuit Judge.

This is an appeal by Thomas M. Swift, Jr., from an order adjudging him an involuntary bankrupt. The acts of bankruptcy alleged, and proved without controversy, were that Swift, within four months prior to the filing by the creditors of their petition, had transferred his property to his wife and his father with intent to create a preference in their favor, and to hinder, delay, and defraud his creditors. The only defense to the petition was that...

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