
    Frederick Coats v. Benjamin F. Farrington.
    
      Decree in bankruptcy superseding common-la/io asdgn/ment.
    
    A trustee in bankruptcy can maintain replevin for property of tbe bankrupt sold on an execution against him after tbe decree of bankruptcy.
    Error to St. Clair.
    Submitted June 22.
    Decided June 29.
    Replevin by Farrington, wbo was trustee in bankruptcy for Roe Stephens, against Coats, wbo bad purchased a Standard organ at a sale on execution against tbe said Stephens. Tbe organ bad been sold by Stephens in 1876 to Anna M. Keery, but by tbe terms of tbe sale she was not to acquire title until it bad been fully paid for. On default in payment it was taken from her in 1878 by Farrington’s attorney and 'was left at D. M. Church’s, where it was afterwards seized on execution for costs against Stephens in a suit began by him in bis own name, and was sold to tbe defendant Coats. Stephens bad made a common-law assignment to one Swartz, which was dated April 10, 1877, but be was adjudicated bankrupt October 6, 1877, by a decree of tbe district court, and Farrington was appointed bis trustee on tbe following fourteenth of November. Tbe court set aside tbe assignment and directed that all of tbe property of Stephens, including that covered by tbe assignment, should be transferred to Farrington and that tbe trustee should be invested witb title thereto. Tbe court directed a verdict for Farrington. Defendant brings error.
    Affirmed.
    
      
      Elliott G. Stevenson and O'Brien J. Atkinson for plaintiff in error.
    
      Charles K. Dodge for defendant in error.
    An order of the bankruptcy court setting aside a common-law assignment and putting a trustee in charge of the bankrupt’s property establishes the trustee’s title thereto: U. S. Rev. Stat. §§ 5103-4; if the bankrupt court obtained jurisdiction subsequent proceedings are presumed regular: Bump’s Bankruptcy (9th ed.) 682; Smith v. Engle 9 Chic. Leg. News 46; a purchaser on execution gets no title unless the property bought belonged to the judgment debtor: Benj. Sales § 17; Champney v. Smith 15 Gray 512; Johnson v. Babcock 8 Allen 583; Symonds v. Hall 31 Me. 354; Coombs v. Gorden 59 Me. 111; Boggs v. Fowler 16 Cal. 560; replevin lies against the vendee: Huber v. Sharck 2 Browne (Pa.) 160: 6 id. 2; Ward v. Taylor 1 Penn. St. 238.
   Marston, C. J.

It clearly appears in this case that under and by virtue of the bankruptcy proceedings all the property, of which the organ in controversy was a part, of Roe Stephens passed to and became vested in Barrington, who was then entitled to the possession of the same. There was no evidence given on the trial below tending to show that Barrington had parted with the title he thus acquired in this organ, or that he had done or permitted anything to be done which would revest title thereto in Stephens, or that would tend to show that Stephens had any title thereto or interest therein subject to levy and sale under an execution at the time of the levy and sale by the sheriff.

.The court committed no error and the judgment must be affirmed with costs.

The other Justices concurred.  