...creditors, or any of them: or (2) transferred, while insolvent, any portion of his property to one or more of his creditors with intent to prefer such creditors over his other creditors." Now, I do not find that the corporation, at- the date of this mortgage, had committed any act of bankruptcy...

...553). The adjudication was based on clause 3 of section 3 of the statute (30 Stat. 546). as follows: "Or (3) suffered or permitted, while Insolvent, any...through legal proceedings, and not having at least flve days before a sale or final disposition of any property affected by such preference vacated or...

...c. 487, 32 Stat. 797 [US Comp. St. 1903, p. 410], providing that If the bankrupt suffer or permit, while Insolvent, any creditor to obtain a preference...proceedings, and not having at least five days before sale or final disposition of any property affected by such preference vacated or discharged the same,...

...Bankrupt Act 1898. § 3, cl. 3, providing that It shall be an net of bankruptcy If a debtor shall have "suffered or permitted, while Insolvent, any creditor...obtain a preference through legal proceedings," and not vacated or discharged such preference "at least five days before a sale or final disposition of any...

...said levy at said premises on November 4, 1903, thereby suffering and permitting, while insolvent, a creditor to obtain a preference through legal proceedings, and not having, at least five days before the sale or final disposition of any property affected by such preference, vacated or discharged same...

...bankruptcy that he "on the twenty-seventh day of January, 1899, suffered, while insolvent, other creditors to obtain a preference through legal proceedings, and not having at least five days before sale or final disposition of his property affected by such preference vacated such preference". There...

...Comp. St. 1901, p. 3422] "a" (3): "Transferred, while insolvent, any portion of his property to one or more of his creditors with intent to prefer such creditors over his other creditors." By section 1 (25) (30 Stat. 545 [US Comp. St. 1901, p. 3420]) the word "transfer" is defined to include...

...by the act of 1867 in denning the eighth act of bankruptcy, have a suggestive resemblance to "suffer or permitted while insolvent any creditor to obtain a preference through legal proceedings," which in the act of 1898 formed part of the description of the third act. Nevertheless, the acts themselves...

...and a failure for at least five days to vacate and discharge the preference in terms refers to the five days before a sale or final disposition of any property affected. It is not averred that this attachment will result in creating a preference, nor does it appear what...

..."intent to give a preference," of the former statute, makes it an act of bankruptcy if the debtor bas in the sale or transportation of any such article or commodity, has not "vacated or discharged such preference" five days before a •ale of the property. By § GO...