Sacry

Action to recover certain real and personal property, alleged to have' been transferred by an insolvent debtor to defendant, in violation of the provisions of the insolvent act.

The complaint states, in substance, that on the thirtieth day of April, 1886, certain creditors of one Leon Lobree filed a petition in the superior court of Lake County, wherein they averred that he had permitted his property to remain under attachment for four days, and was insolvent; that on the 18th of May, 1886, Lobree was, by an order of the court, adjudged an insolvent debtor, and thereafter the plaintiff was duly appointed assignee of his estate; that on the 12th of April, 1886, and for some years prior thereto, Lobree had been carrying on business as a merchant at the town of Middletown, in Lake County, and was then insolvent and unable to pay his debts; that on the said 12th of April, Lobree conveyed to defendant certain real property, and assigned to him certain books, notes, papers, and accounts; that the conveyance and assignment were made, received, and accepted, with a view to pay defendant before and in preference to all other creditors, and to prevent the assets *43 of Lobree from coming…