John Marshall

“ Creditors having no equitable claim on all the property of their debtor; and it being his duty, as well as his right, to devote the whole of it to the satisfaction of their claims; the exercise of this right, by the honest performance of this duty, cannot be deemed a fraud. If transferring every part of his property, separately, to individual creditors, in payment of their several debts, would be not only fair but laudable; it cannot be fraudulent, to transfer the whole to trustees for the benefit of all. ”

“ The right to make it results from that absolute ownership which every man claims over that which is his own; that it is a circumstance entitled to consideration, and in many cases to weighty consideration, is not to be controverted. If a man were to convey his whole estate, and afterwards to contract debts, there would be much reason to suspect a secret trust for his own benefit ”

“ The claims on Brashear were not objects of delivery; they could be assigned only in equity; and notice, when given, consummated the assignment. The question of delivery is not made in the proceedings; it is not alleged, that West retained possession of any part of the property conveyed in the deed. Fraud may be given in evidence, but is not to be presumed.
4. It is also objected, that the assignment is in general terms, and that no schedule of the property is annexed. That a general assignment of all a man's property is, per se, fraudulent, has never been alleged in this country. ”

“ An unlimited power to sell, given to a person in the habit of exporting it to China, without mentioning the place of sale, included, and must have been understood to include, a power to dispose of it in the usual manner. ”

“ Latimer, to pay over the balance due on your ginseng, on the attachments, would save you much interest; as many months must elapse before the law will possess either the assignees or us of our legal claims.' The record shows, that the proceedings of the executors were embarrassed by the claims of West's assignees, on account of the surplus due on the notes assigned to John Nixon, after payment of his debts. ”

“ It is, therefore, decreed and ordered, that the decree pronounced in this cause by the court of the United States for the seventh circuit, in the district of Kentucky, be reversed and annulled, and that the cause be remanded to that court, with instructions to perpetuate the injunction as to the sum which shall be equal to the amount of the ginseng shipped and sold by the said James Latimer, after the attachment sued out by Francis West, for the use of Samuel Mifflin, James Lapseley and Henry Nixon, assignees for the benefit of his creditors, was levied ”