
    C. Flint Spear and George B. Ripley, appellants, vs. Charles Wardell and others, respondents.
    
      —Decree of the Chancellor reversed, and decree declaring that Henry B. Wardell holds the assigned property as trustee for the complainants to the extent of their debt, and that he pay the same, together with their costs in the Court of Chancery out of the funds in his hands.
    
    S. P. ¡Nash for appellants;
    J. S. Bosworth for respondents.
   In this case it was held that a voluntary assignment by a debtor, of all his property for the benefit of his creditors generally, while proceedings were pending against him, by a judgment creditor under the statute of 1831, (non-imprisonment act,) was a fraud upon the rights of the prosecuting creditor. The assignment was for the benefit of the prosecuting creditor—not of the creditors generally. (Reported, 1 Comstock, 144.)  