Robert Cooper Grier

Name: Shawhan v. Wherritt — Opinion of the Court
Author: Robert Cooper Grier

Shawhan v. Wherritt — Opinion of the Court

Summary

“Shawhan v. Wherritt — Opinion of the Court”, is a work by Robert Cooper Grier. It explores elements such as bankruptcy, assignee and Shawhan.

Quotes from Shawhan v. Wherritt — Opinion of the Court (Robert Cooper Grier)

Robert Cooper Grier, Shawhan v. Wherritt — Opinion of the Court

“ Hence, when a merchant or trader, by any of these tests of insolvency, has shown his inability to meet his engagements, one creditor cannot, by collusion with him, or by a race of diligence, obtain a preference to the injury of others. Such conduct is considered a fraud on the act, whose aim is to divide the assets equally, and therefore equitably. To prevent these frauds, the English bankrupt laws give the title of the assignee a relation back to the act of bankruptcy, so as to avoid all payments, sales, or contracts made after it. ”

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Source: Wikisource

Robert Cooper Grier, Shawhan v. Wherritt — Opinion of the Court

“ It provides that the assignee shall have the same power to sell and dispose of the property which might be exercised by such bankrupt before or at the time of the bankruptcy declared. If, by the decree in bankruptcy, the property was divested out of the bankrupt from the time of making a fraudulent conveyance, he certainly could have no power to sell or dispose of his property at the time of the bankruptcy declared. If Congress had intended that the decree in bankruptcy should have relation to an act of bankruptcy, they would have employed language indicating such an intention. ”

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Source: Wikisource

Robert Cooper Grier, Shawhan v. Wherritt — Opinion of the Court

“ By the English statute, the process against a bankrupt commenced by the petition of a creditor to the court, alleging the particular act of bankruptcy which the debtor had committed. So by ours. By the English statute and ours of 1800, the proper court, upon the presentation of a petition, appointed, as a matter of course, commissioners to hear and determine the matters of the petition against the debtor, and, if found true, 'to declare him or her a bankrupt.' By our statute of 1841, the petition is heard by the court, and, if true, the bankruptcy is declared by decree of the court. ”

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Source: Wikisource

Robert Cooper Grier, Shawhan v. Wherritt — Opinion of the Court

“ Neither the English statutes, nor the former bankrupt law of the United States, contain any provision similar to that in the third section of the late bankrupt law. The decisions in the English books, and the decisions of the American courts, founded on statutory provisions totally dissimilar, cannot, therefore, have any influence on the question. The statute 13th Eliz. empowers the commissioners in bankruptcy to sell and convey all the lands and tenements which the bankrupt had at the time he became a bankrupt ”

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Source: Wikisource

Robert Cooper Grier, Shawhan v. Wherritt — Opinion of the Court

“ The sages of the law have been used to collect the sense and meaning of the law by comparing one part with another, and by viewing all the parts together as one whole, and not of one part only by itself,-'Nemo enim aliquam partem recte intelligere possit, antequam totum iterum atque iterum per legerit.' Lincoln College's Case, 3 Co. 59. b; Stradling v. Morgan, Plowd. 205; Co. Litt. 381. a.
I do not cite the second section as that which directly invalidates the lien set up by the appellants, but only as explanatory of the third section. ”

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Source: Wikisource

Robert Cooper Grier, Shawhan v. Wherritt — Opinion of the Court

“ The nullity of the lien claimed by the appellants by process of law in the State court, commenced and carried on after the act of bankruptcy, results from the relation of the rights, titles, powers, and authorities of the assignee to the time of Brandon's bankruptcy, committed on the 6th day of April, enacted by the third section, and the system of equality among all the creditors of the bankrupt established by the fifth section. ”

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Source: Wikisource

Robert Cooper Grier, Shawhan v. Wherritt — Opinion of the Court

“ On the 22d of October, 1842, the Bourbon County Court, before which the suit of Shawhan and others against Brandon and Withers was pending, passed a decree annulling and setting aside the deed of trust, as being, in point of law, fraudulent and void. ”

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Source: Wikisource

Robert Cooper Grier, Shawhan v. Wherritt — Opinion of the Court

“ Of this class these examples will suffice:-Locke v. Winning, 3 Mass. Rep. 325, 326, 329; Harman v. Fishar, 1 Cowp. 117, 123; Rust v. Cooper, 2 Cowp. 629, 632, 633; Alderson v. Temple, 4 Burr. 2238, 2239, 2241; Compton v. Bedford, 1 Wm. Bla. 362. ”

Robert Cooper Grier

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