Summary

United States v. Howland Allen…

Although the granting clause does not literally express it to include all the property of the debtors, yet the clause, which gives the power to sell, by using the words 'all the property of them, the said Shoemaker & Travers, and Jacob Shoemaker,' clearly shows, that the assignment was intended to convey all their property. The very object of the deed, as set forth in the recital, aids this construction.
2. If, then, the priority of the United States has attached, a court of equity is the proper forum in which it should be asserted. A trust exists, and an account is to be taken.
Source: Wikisource

United States v. Howland Allen…

The United States are entitled to their preference on a debt due to them by the insolvent as indorser of a bill of exchange, as well as on any other debt. United States v. Fisher, 2 Cranch 358. 2. The acts do not create a lien, nor extend to a bona fide conveyance by the debtor to a third person, in the ordinary course of business, or to a mortgage to secure a debt, or to a case where the debtor's property is seized under a fi. fa., before the right of preference has accrued to the United States.
Source: Wikisource

United States v. Howland Allen…

In the distribution of a bankrupt's effects in this country, the United States are entitled to a preference, although the debt was contracted by a foreigner, in a foreign country, and although the United States had proved their debt under a commission of bankruptcy in this country, and had voted for an assignee.
Source: Wikisource

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