Samuel Blatchford

“ Although this court has attached to section 5057 of the Revised Statutes a qualification, that qualification is that, where relief is sought on the ground of fraud, it is necessary, in order to postpone the right of action on the part of the assignee in bankruptcy until the discovery of the fraud, that ignorance of it should have been produced by affirmative acts of the guilty party, in concealing the facts, and that there should have been no fault or want of diligence or care on the part of the person who claims the right of action ”

“ Carpenter, 101 U.S. 135, 138; that, in the present case, Joseph Kittel and Joseph J. Kittel were judgment creditors of the bankrupt, and as such included in his schedules in bankruptcy; that, appearing by the attorney who brought the present suit, and represents the other creditors, the Kittels, on July 7, 1875, brought a suit in the supreme court of the state of New York against those who are defendants in the present suit, to set aside as fraudulent the very conveyances attacked in this suit, and duly filed a lis pendens ”

“ Section 5046 of the Revised Statutes of the United States, which is an embodiment of section 14 of the act of March 2, 1867, c. 176, (14 St. p. 522,) provides as follows: 'All property conveyed by the bankrupt in fraud of his creditors; all rights in equity, choses in action, patent rights, and copyrights ”