1. Evidence <5=>43(2)—Judicial Notice—Bankruptcy.

A court of bankruptcy will take judicial notice of tlie day on which petition in bankruptcy was filed.

2. Bankruptcy <5=293(2)—Federal Courts—Jurisdiction.

Where the parties plaintiff and defendant to a suit by trustee of a bankrupt to set aside an alleged fraudulent transfer wore all residents' of the same state, and the transfer was made more than a year before tlie filing of the petition for adjudication, the federal court had no jurisdiction, either by reason of diversity of citizenship or under Bankruptcy Act July 1, 1898, c. oil, §§ 60b, 67, 30 Stat. 562, 564. (Comp. St. 1916, §§ 9011, 9651), respectively, providing for the setting aside of preferential transfers and fraudulent transfers made within four months of filing of petition in bankruptcy.

3. Bankruptcy <5=3184(1)—Actions to Set Aside- Conveyance—What Law Governs.

In a suit by the trustee in bankruptcy to set. aside the bankrupt’s transfer of land, under Bankruptcy Act, § 70e (Comp. St. 1916, § 9654), declaring that the trustee may avoid any transfer by the bankrupt which any creditor of the bankrupt might, have avoided, the law of the state in which was located the land, the transfer of which the trustee sought to vacate, governs, and the transfer cannot he set aside, unless subject to attack under such laws.

4. Bankruptcy <©=>293(2)—Courts—Jurisdiction.

Bankruptcy Act, § 70e, declares that the trustee may avoid any transfer of his property which any creditor of such bankrupt might havq avoided, and may recover, the property so transferred, or its value, from the person to whom it was transferred, unless he was a bona fide holder for value prior to the date of the adjudication, and such property may be recovered, or its value collected, from whoever may have received it, except a bona fide holder. Section 23b, as amended by Act June 25, 1910, c. 412, § 7, 36 Stat. 840 (Comp. St. 1916, § 9607), declares that suits by the trustee shall only be brought or prosecuted in the courts where the bankrupt whose estate is 'being administered by such trustee might have brought or prosecuted by them, if proceedings in bankruptcy had not been instituted, unless by consent of the proposed defendant, except suits for the recovery of property under section 60b et seq., and section 70e. The trustee of a bankrupt, who was a resident of California, sued to set aside an alleged fraudulent transfer of property located in Washington, made more than four months before the filing of the petition in bankruptcy. The grantees and all other parties were residents of California. Held, that, as section 70e contemplated, not only the recovery of the property, but the collection of the proceeds from the person receiving the property, the District Court for California, sitting as a Bankruptcy Court, had jurisdiction.

5. Bankruptcy <©=>293(2)—Actions—Objections to Jurisdiction.

While ordinarily, in a creditors’ suit, the creditor must first obtain a judgment to give the necessary lien on the property, that question cannot, on objections to the jurisdiction, be raised in suit by trustee in bankruptcy to set aside an alleged fraudulent transfer of the 'bankrupt, but is a question which might be raised by demurrer.

6. Bankruptcy <©=>301—Injunction—Relief—Bight to.

Where a suit by the trustee, attacking an alleged fraudulent transfer •by the bankrupt, was treated as one to collect the proceeds of the-land transferred, the federal court in which suit was instituted may grant an injunction against transfer or incumbrance of the land involved. •

'<@=3: For'other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes