Mandeville v. Jamesson

U.S. District Court

Decided July 15, 1808

U.S. District Court · decided 1808-07-15

This was a petition to deprive the defendant of the benefit of the insolvent law, filed under the seventh section, upon an allegation that the defendant had given a preference to one of his creditors in a deed to La Mar, in trust to pay a debt due Margaret Jamesson in Ireland. Upon the insolvency of the defendant, this property was all given up to his trustee. If the deed be void, there was no preference given.

Decided 1808-07-15

CRANCH, Chief Judge,

¶1suggested a doubt whether the defendant should be permitted to go into proof that the petitioner is not a creditor, supposing it to be a matter to be decided ex parte at the time of the insolvent's application, and that prima facie evidence is sufficient.

¶2THE COURT, however,

(DUCKETT, Circuit Judge, absent,)

¶3went into an examination of the evidence, and was of opinion that the petitioner was a creditor, and that the deed was made with intent to give a preference.

¶4But THE COURT, by the consent of the parties, continued the cause to the next term.