Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1879-03-10
SUPREME COURT DECISIONS.

Walter Mann, assignee of F. A. Taylor, ap
penant' vs. Mark d. Flower, ct. al, respond
ents.
syllabus: Notwithstanding section I'll, re-
v'sed statutes of the United States State Govt.
nave Jurisdictions of ordinary actions bv an
assignee In bankruptcy to recover the assets Of
the bankrupt. Where in an action between
Two PERSONS claiming, through different tides.
properly which belongs to one not party to
tne sult' the court takes the property into it's
Poes ess!oh to abide the event, the real owner
aay pIing sult IN that court against the parties
to such action, and demand that the court de-
liver the property to him. The cause of ac-
ton IN such suit by the real owner is oniv
against parties to the action in which the conrt
holds the property, and is not cause of action
against others not connected with such action.
although they may claim title to the property.
In such action by the real owner the cause Of
action is single, notwithstanding the defend
ants claim the property by different titles. T.
executed to +. mortgage of personal property
fraudulent and void as to creditors. After
wards !. made in good faith an assignment of
az his property for the benefit of
Gs creditors to c. who took posses
an action against G. to recover the nronertv
ana IN that action the court caused the proper-
~ to be sold, and the proceeds bronpbt into
court to abide the event of the action. After
tnls' and more than six months after the a.
signment to c., 7. filed his petition in bank
aup.cy' was ao}udged a bankrupt. AID an as
slgnee IN bankruptcy was appointed. He71
mat as the mortgage was valid between the
parties to 1t, the legal title to the property as
between them passed to the MORTGAGE, leaving
only a right of redemption to the morteagor'
which was all that passed to the voluntary az.
slgnee; such an assignee not being purchaser
sor valuable consideration, 80 as to be able to
fVold a fraudulent mortgage, and that upon the
appointment OF the assignee in bankrumptcv
tne title attempted to be passed by the mort
gage, to-wit: the legal title vested at once in
him and he was entitled to the possession. and
that ne might bring an action against T. and c..
In the court where their action was pending, to
eniorce MIS- right to the possession. That such
action was not analogous to creditors bill.
ana 1t Is no objection to it that the claims
against the bankrupt were not in Judgment.
-, Oroer affirmed as to defendants, Auerbach &
thompson, and reversed as to Flower.
GHFuLAN, -.
Natnan1el II: thompson, sheriff of Hennepin
county, appellant, vs.. Robert B. Langdon, re-
spondent.
syllabus: voluntary assignee, holding
title to property under general assignment
Tor the benefit of creditors, may maintain an
actlon IN respect to such property in his own
name: without joining the creditors and with
OUT Glscloslng the representative character in
which gives in terms to the assignee AUTHORITY
TO make, constitute and appoint one or more
attorneys under him to assist in carrying out
the purposes of the assignment, and to revoke
the same at pleasure, does not vitiate the as
signment, for it only gives to the assignee au-
thorlty to DO through the agency of othe, such
things In connection with the execution of bis
trust as may be done equally as well by agent
"a oy himself personally. Such a clause does
not confer upon the assignee any authority to
delegate any portion of his trust. garnishee
does not become charged in Inspect to the
Geotors property in his hands at the time of
Judgment is rendered against him upon dis
closure and an order of the court. Prior to
that time an officer holding an execution
against the debtor defendant in the original
action, has no authority to seize such PROPERTY
on the execution by virtue of any mediate Lien
created under the garnishee proceedings.
mere order for judgment is insufficient to give
such authority. Order appealed from affirmed.
CORNELL, T