Page:Federal Reporter, 1st Series, Volume 6.djvu/288

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276 FEDBBAL EEPOETER. �rights of the parties must be determined as of the date of the adjudication of bankruptcy. Scott v. Dunn, 26 Ohio St. 63. At that date the judgment of Brown county, as to the prop- «rty in controversy, had lost its lien as against the judgments of Dunn and Moore, more than one year having elapsed since its rendition; but less than one year having elapsed since the rendition of the judgment in favor of James H. Dunn, it had not lost its lien as against the judgment in favor of E. C Moore, and, there having been no levy under either of the latter judgments, they must be paid in the order of their ren- dition — first the judgment of James H. Dunn, and second that of E. C. Moore. ���In re A. H, English & Co., Bankrupts. �(District Court, W. D. Pennaylvania. March 12, 1881,) �1. Statutbs op Limitation — Rembdt. �Statutes of limitation operate upon the remedy, not the title. �2. Bame— Assignes in Bankruptcy— Bev. St. } 6057. �An assignee in bankruptcy is not precluded f rom def ending against a daim by the wife of the bankrupt for a copyright royalty upon the ground that the copyright was transferred to her by her husband in fraud of his creditora, because he did not, within the two years lim- ited by section 5057 of the Revised Statutes, proceed by suit to recover the copyright or have the transfer set aside. �In Bankruptcy. Sur raie on A. B. Hay, Esq., assignee, to show cause why a copyright royal ty should not be paid to Mrs. Emily English, trustee of Lueius Osgood English. �Knox e Reed, for Mrs, B. English. �A. B. Hay, for assignee. �AcHEsoM, D, J. Among the effects of the bankrupts which came into the hands of the assignee was a stock of school- bookfi, which he sold pursuant to an order of court made upon his petition. No lien is specified in the petition or order other than the lien of one Hart for printing and binding part of the books. But just before the sale the assignee procured an ��� �