The Copiah signal. (Hazlehurst, Miss.) 1882-1883, 1882-12-01

hat several Of tho provisions OF tho
assignment render IL upon its face
aud void, and which Ia
denied upon the part Of the defend
Ant. Were tho declarations Of an
honest purpose upon the part Of the
yrantor. a. expressed In the convey
suce, alone TO be considered, II Ger
tainly IL - free from vice as my as
Segment Of tho kind which has come
before ms.but It 10 not % much what
an sssignor declares TO DO his pur-
pose a. Il ID what be conveys 10 the
assignee, and the direction given to,
and power conferred upon the %.
signee, and tho disposition directed
to DO made Of the property and
assets conveyed. that the instrument
Ia 70 be tested.
The several objections will be CON.
sidsred N the order appearing in the
tsoe Of tho oonveyanos.
Tue 6rst objection is that tho as
siguee IL the special friend aud clerk
OF tho assignee. and tho only prefer.
ed creditor, this Is Q badge Of fraud
subj ct to explanation and removal
by proof.
The next Is that the assignment
purports to give o schedule Of the
property conveyed; which was not
given or fled with tho sssig ,mont.
Where an assignment conveys the
property mentioned in . schedule to
be annexed, and the schedule is not
annexed, It would become void for
want Of . description Of the property
intended TO DO con veyed. and would
further 10 . badge Of fraud, or . cir
cumstanee to b considered by the
jury and nothing more. Bat the
conveyance purports to convey all tie
assignco's property, describing it with
reasonable certainty. the absence OF
the scbed ule at least can only be con.
sidercd as badge Of fraud, subject
10 be explained.
The next aud more important OBJ
lection is that 10 relation 10 tho col.
lection Of tho debts conveyed, and
sale Of tho property, aud the time in
which tho trust is to be closed.
The assignment contains the fol-
lowing provisions:
Tho intention and desire Of said
ss.iynor being that oil and siuguta,
tho property, and chores in action,
hereby assigned shall DO sold. COL
lected and devoted absolutely to tho
payment Of all his debts q. the ear.
lest date, and at the best prices tc
DO obtained. being fair and reasona'
bic under the circumstances, and Il
that end the Did assignee is hereby
especially directed to sail, COLLECT
and make distribution to the credit.
ors 10 class A as hercinbefore eel
forth. 90 that tho residue Of all said
assets, After the payment Of expens'
es, shall be distributed without de-
lay equally according TO the pro rats
share due each, among the CREDITOR
in class b and that oil the sales o.
said goods, wares aud merchandise
and personal property. aud the c,l.
lection 81 the said book accounts
promisory notes, and deeds Of trust,
DO made and concluded and distribut.
ion Of the proceeds DO had to said
creditors on or before the 6rst day
Of July 1882"
It is eontended upon The part ol
defendant that this provision only
expresses . desire that they shall BE-
done within tho specified time; wert
this tho true construction to be giver
the assignment. 1t would not for thai
reason viiiste the instrument. bul
such I do not think Il tho proper
construction tobe given It. 1t usot
the very expressive term said as
siguee is hereby expressly direct.
cd to sell. collect and mako distribu-
ton to the creditors in class A.
which, declared TO bot the end thai
the trust shall be closed by tho firsi
day Of July 1882.
This is . direction that oil The
property shall he sold, and the debts
collected Or compromised, before dis
tribution shall be made, and this
must be complete by the LIST day Of
July, 1891
Al held in Richardson vs. Staple
ton, this is the measure Of the as.
signoes rights and the limit Of his
power and duties and the creditors
who claim under it must abide by the
terms It imposes.
It ia the impress Of the will and
Judgment Of the sssiguor, which no