Opinion of Hon. D.C. Glenn, Attorney General of Mississippi : Presiding As Special Chancellor, in the Superior Court of Chancery, At Jackson, June Term, 1854 : in the Case of James L. Calcote, Complainant, Vs. Frederick Stanton And Henry S. Buckner, Defen
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■ I might trace the consequence^ of such a rulfif as to them by ' striking illustrations, bu% more rjhinkis not needed. ■ I have carefully examined the authorities relied on by .counselj,but;find nothing to shake my conclusion. /The majority siilnply decide that fiduciary and foreign creditors, and' those havitfg liens, ^&ic., who are hb't wttMn* the.-!aw,>ma;y yet come in unde? iti and if so, they are "held to therMection thus made and .' barred of remedies thus yielded;) 5 Law Rep. 225, so mu...ch'-relied oh, was a pro- ceeding *§y creditors agaSiost theip dfebtdr. Iflf such a "case ' th^ willbe held bffund by all the legal resiiits, flowing from and growingl out of a prbfeeeding of their own instit'd- tidn. None of them are cases of fraud in this bankrupt. 31 Maine, 19.4, Hiimphreys vs.Swett, is the' only case in which fraud was charged on the bankrupt, and the creditors who had proved against him, were hi? Id to be barred.! But the Court in it? opinion evidently speaks upon the assuhip- tion that the ci-editors were cognizant of the fraud at the time and failed to litigate it.
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