
    Dodge and M’Clure vs. Sheldon.
    The second section of the bankrupt act of 1841, declaring certain transfers of property void, renders them so only as to persons claiming in virtue oi proceedings under the act.
    Error to the Onondaga cbmmon pleas. Dodge and M’Clure brought replevin in the court below for property assigned to them by one Morris in trust for creditors. The assignment, which bore date March 19th, 1842, gave preferences to certain persons to whom Morris was indebted, over his general creditors, and was made in contemplation of bankruptcy. The defendant was a deputy sheriff, and seized the property in question under a fi. fa. It clearly appeared that the assignment was valid within the laws of this state, though declared void by the second section of the act of congress relating to bankruptcy, passed in August 1841. The court-below charged the jury that the assignment, being declared void by the bankrupt law, was invalid as against creditors, and that the defendant was therefore entitled to recover. Exception. Verdict and judgment in favor of the defendant. The plaintiffs sued out a writ of error.
    
      W. Porter Jun. for the plaintiffs in error.
    
      E. D. Smith, for the defendant in error.
   Per Curiam.

The assignment was not void within our statute for the protection of creditors against fraudulent transfers, but only as to persons claiming in virtue of' proceedings under the bankrupt act. Here it does not even appear that such proceedings have been instituted.

Judgment reversed.  