The Federal Reporter with Key-Number Annotations, Volume 272: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States and the Court of Appeals in the District of Columbia, June-August, 1921. Page: 35
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IGNATIUS V. FARbMERS' STATE BANK 35
" * * * And such trustees, as to all property in the custody or coming
into the custody of the bankruptcy court, shall be deemed vested with'all the
rights, remedies, and powers of a creditor holding a lien by legal or equitable
proceedings thereon; and also, as to all property not in the custody of the
bankruptcy court, shall be deemed vested with all the rights, remedies, and
powers of a judgment creditor holding an execution duly returned unsatisfied."
The Supreme Court of Missouri, commenting on this provision of
the Bankruptcy Act, m Riggs v. Price, 277 Mo. 333, 344, 210 S. W.
"This provision must be construed together with these portions of section
70a and 70e of the act (In re Hammond [D. C.1 184 Fed 1020), which further
emphasizes the vesting of the title of the bankrupt's property in the trustee,
and expressly includes property transferred by him in fraud of his creditors,
and authorizes the trustee to institute actions to avoid any of such transfers
which any creditor might have avoided by a suit in a bankruptcy court, or in
a state court, which would have jurisdiction if bankruptcy had not intervened
iParker v. Sherman [D C.1 195 Fed. 648, 28 Am Bankr Rep 370). The trus-
tee is thus subrogated to the rights of the creditors, andl the limitation as to
his right of action is that prescribed by the state law as to proceedings to
set aside fraudulent conveyances, and not to the four months of the Bankruptcy
Act. Baldwin v. Kingston (I S Dist. Ct N. .T.) 40 Am. Bankr. Rep. 641,
247 Fed 163; Manders v. Wilson (D. C.) 230 Fed. 536; Holbrook v. Inter Tr.
Co. 220 Mass 150, 107 N E. 665: Blick v Nimlno, 121 Md 139, 88 Atl. 116;
Hobbs v Frazier, 61 Fla. 611, 55 South 848; Newcomb v Bimer (D. C ) 199
Fed. 529; Hall v. Glenn (I). C ) 39 Am Bankr Rep. 54. 247 Fed. 997; Mc-
Kenna v. Simpson, 129 U. S. 500, 9 Sup. ('t. 365, 32 L. Ed 771 "
 Turning to the law of the state of Montana on this subject, we
find it provides, in section 5758 of the Civil Code of that state, as
amended in 1913 (Laws 1913, c 86), that:
"Any interest in personal property whitl is capable of being transferred
may be mortgaged.
"A. mortgage of personal property must be signed by the mortgagor, and
be acknowledged by the mortgagor before some officer qualified to take ae-
knowledgments; and every such mortgage must have attached thereto the
affidavit of the mortgagee, his agent, attorney, or other representative, that
the same is made in good faith to secure the amount named therein, and
without any design to hinder, delay or defraud creditors, and where there
are two or more mortgagees named in a mortgage, whether copartners or
otherwise, any one of said mortgagees may make such affidavit on behalf of all
the mortgagees named therein No further proof or formality of the execution
of said mortgage is required to admit it to be filed "
Section 6127 of the same Code of 1907 provides:
"Every transfer of property, or charge thereon made, every obligation in-
curred, every judicial proceeding taken, and every act performed, with intent
to delay to defraud any creditor, or other person, of his demands, is void
against all creditors of the debtor and their represeutattves or suecessors in
interest, and against any person upon whom the estate of the debtor devolves
in trust for the benefit of others than the debtor."
Section 6130 of the same Code of 1907 provides:
"In all cases arising under section 4688 (1650), or under the provisions of
this title, except as otherwise provided in section 6128 (4491), the question
of fraudulent intent is one of fact and not of law; nor can any transfer or
charge be adjudged fraudulent solely on the ground that it was not made for
a valuable consideration."
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The Federal Reporter with Key-Number Annotations, Volume 272: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States and the Court of Appeals in the District of Columbia, June-August, 1921., legislative document, 1921; Saint Paul, Minnesota. (digital.library.unt.edu/ark:/67531/metadc38843/m1/57/: accessed January 18, 2018), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.