Hill v. Alexander Bros.
Hill v. Alexander Bros.
Opinion of the Court
delivered the opinion of the court.
The fourth section of the act of 1881, providing that “the creditor making a general assignment, shall annex thereto a full and complete inventory or schedule, under oath, of all his property of every description,” etc., is mandatory and absolutely indispensable to the validity of the deed of assignment.
The policy of the statute is to prevent fraud on the part of the conveying debtor by concealment of any of his estate. The strong language of the statute, “full and complete inventory or schedule, under oath,” precludes the idea that the provision is directory. It addresses itself to the sworn conscience of the debtor and makes room for punishment for perjury. The
The failure to such an extent to comply with the law makes the deed fraudulent on its' face, and it is so held. Judgment reversed and judgment here, the cause having been tried without a jury. The cause is remanded, etc.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.