Billings

delivered the opinion of the Court. In,

this case, it was stipulated by counsel, in open Court, that the Court should decide upon the legal effect of the deed of assignment, aside from any peculiarity in the agreed case, which might prevent us from so doing.

*113 The appellant insists that the deed of assignment bears upon its face certain indicia which are presumptive evidence of an “intent to delay, hinder, or defraud creditors.” It is only in regard to one out of several of those pointed out by counsel, that we assent to the proposition. The power given in the assignment to sell on credit is presumptive evidence of a fraudulent intent to hinder and delay, and for the reasons which the appellant’s counsel have so well argued. Such a power conferred upon an assignee of the debtor’s own selection, may generally be presumed to lead to collusion for the benefit of the debtor. It would certainly enable the assignees to delay the creditors indefinitely, by selling the property upon long credits; and it is no answer to this objection, as insisted by the respondent’s counsel, that a court of equity could control him, because, first, if the power is a valid one, it must be valid to all…