Melville Fuller

“ The rule relates to possession and disposition, and it has been frequently decided that the surrender of the insolvent does not divest him of the title to the property surrendered, though it strips him of the power to control, alienate, or dispose of the same during the administration of his estate, and so vests it in the creditors, or in the syndic for them; that it is no longer liable to seizure, attachment, or execution, but is held to be administered and disposed of according to law, for the benefit of the creditors. ”

“ No creditor will be permitted to disregard and treat as an absolute nullity a judgment accepting a surrender made by his debtor, and granting a stay of proceedings. The acceptance for the creditors by the court of the ceded estate vests in them all the rights and property of the insolvent, whether placed on the schedule or not, and the syndic may sue to recover them. ”

“ The property was named in the schedule as belonging to the wife individually, and therefore not claimed by the debtor; but any creditor, by inquiry, could have ascertained the circumstances, and been informed of its liablity under the law. ”