Edward Terry Sanford

“ And we do not find it necessary to determine it now; since, even if the adjudication of the bankruptcy of the Company operated as an adjudication of the bankruptcy of the Beckers individually-which we do not intimate-nevertheless, in the absence of either pleading or proof as to their insolvency when the Bank recovered its judgment, there is no ground under Section 67f of the Act for annulling the lien thereby acquired upon their property. ”

“ We express no opinion as to the existence of such insolvency or its effect.' Page 706.↑ There is neither averment nor proof bringing the case within section 67c or any other provision of the act relating to the annulment of prior liens.↑ The act of bankruptcy alleged, namely, the making of a general assignment on August 4, did not involve a question of the insolvency of the partnership at that date; the making of a general assignment being an act of bankruptcy without reference to the solvency or insolvency of the debtor. ”

“ Stone-Ordean-Wells Co. v. Mark, 227 Fed. 975, 978, 142 C. C. A. 433; Martin v. Oliver, 260 Fed. 89, 93, 171 C. C. A. 125; Simpson v. Van Etten (C. C.) 108 Fed. 199, 201; Keystone Brew'g Co. v. Schermer, 241 Pa. ”