Scott v. Wilkie.

Boyden, J. There is no error. Section 149, the Bankrupt Law provides, “ that as soon as the assignee is appointed and qualified, the Judge, or where there is no opposing interest, the Register, shall by an instrument under his hand, assign and convey to the assignee, all the estate real and personal of the Bankrupt, &c., and thereupon by operation by law, the title to all such property and estate, both real and personal, shall vest in the assignee, &c., Provided however: that there shall be excepted from the operation of the provisions of this section, the necessary household and kitchen furniture, and such other articles and necessaries of such Bankrupt as the said assignee shall designate, and set apart, &c.” The animal in controversy, was thus designated and set apart, by the assignee, as excepted from the operation of that part of section 14th, which declares: “that the assignment shall by operation of laws, vest in the assignee, all the property both real and personal of the Bankrupt.” This same 14th section of the Bankrupt law, especially provides : “ that the foregoing exception shall operate as a limitation, upon the conveyance of the property of the Bankrupt to his assignees; and in no case shall the property hereby excepted pass to the assignees, or the title of the Bankrupt thereto, be impaired or affected by any of the provisions of this act.” So that it is clear that the title of the animal in dispute, did not pass to the late assignee, but continued in the Bankrupt, unimpaired and unaffected by his being adjudicated a Bankrupt. This case will be certified. Per Curiam. Judgment affirmed.