
    Kerbs v. Ewing.
    
      (Circuit Court, W. D. Missouri, W. D.
    
    1884.)
    Assignment for Benefit of Oueditobs — Missouri Statute — Deed of Tiujst for Benefit of Certain Creditors.
    No matter what the form of the instrument, where a debtor in Missouri, being insolvent, conveys all ol' his property, to a third party to pay ono or moro creditors, to the exclusion of others, such a conveyance will be construed to bo an assignment for the benefit of all liis creditors; the preference being in contravention of the assignment, laws of t1”1 state.
    Demurrer to Bill of Complaint.
    
      Scott é Taylor, for plaintiffs.
    
      Karnes é Ess and Adams é Stuebrnrauch, for defendants.
   McGraby, J.

This case is not different in principle from the case of Martin v. Hausman, 14 Fed. Rep. 160. It is true that in Martin v. TIausman the technical deed of trust, which was construed to be an assignment for the benefit of creditors, was defective as a deed of trust, in having no defeasance clause attached thereto. In this case, the instrument is a deed of trust in proper form. This, however, can make no difference. No matter what the form of the instrument, where a debtor, being insolvent, conveys all bis property to a third party to pay one or more creditors, to the exclusion of others, such a conveyance will be construed to be an assignment for the benefit of all the creditorsxfthe preference being in contravention of the assignment laws of this state. Demurrer overruled.  