In re Mitchell

This is a proceeding in involuntary insolvency. The petition of the creditors alleged that on the eighteenth day of June, 1892, W. L. Mitchell made a transfer to certain persons of his property, consisting of a printing plant, type, printing materials, etc., with intent to delay, defraud, and hinder his creditors, and that he was about to depart from this state with intent to defraud his creditors. The answer of Mitchell *535 admitted that he sold the property to the persons named, but denied that he sold the same with intent to delay, defraud, or hinder his creditors; denied that he was about to depart from the state with intent to defraud his creditors; and alleged that the property sold was exempt from execution.

The case was tried before a jury, and, in accordance with the issues raised by the pleadings, three special issues were submitted for decision. The jury found that Mitchell did make the transfer of his property with intent to delay, defraud, and hinder his creditors; that the property transferred was not exempt from execution; and that at the time the petition was filed he was not about to leave the state with intent to defraud his creditors.

A decree was accordingly…