16 FEDERAL REPORTER.
receive this fund, which is the fruit of their labor; and that the cred-
itors in Schedule A, whose claims were bona fide are entitled to re-
ceive no more than they would have done if the four fraudulent
claims had been valid; and that the creditors in Schedule B can take,
as against complainants no other surplus than such as would have
accrued to them if all the debts in Schedule A had been valid, and,
as such, satisned in full. ,
On the principle, id certum est quad recldi certum potest, I consider
that, as the value of the property conveyed by Hofheimer, Son & Co.
is now known to be $66,307, or only about 7421- per cent. of the debts
named in Schedule A alone, the deed of July, 1883, in effect and re-
sult provided that the fund arising from the property conveyed should
be paid as follows, namely, (I use approximate amounts merely for
illustration 2)
To Henshaw & Oo., · ---~--- $19,262
. Exchange Nat. Bank, · - - · · - 7,460
Burruss, Son, & Co., ----·-- 4.766
Ottenhurg Bros., - - ----- 2.848
N. Metzger, -·-- - - · - 558
A. E. Jacobs, -----·- 74
I. Gutman, --·----- ll,650
I. Moritz, - - - · . · ‘ · · 9,323
H. Samuels, - - · -···- 7,013
L. W. Roberts, · ----·-- 3,362
$66,307
If the incapacity of the fund to pay off these creditors of Class A
had been known when the deed was executed, theprovisions as to the
contingentpayment of the creditors in Schedule B would have been
omitted; or, if inserted, would have been nugatory.
A The deed conveyed integral amounts to a series of integer credit·
ors. It was several by the terms of the grant. It did not provide
for the contingency of some of the debts of Class A turning out per
fas aut nefas to be nil. It did not provide that, if any of these debts
in Schedule A should prove to be nctitious, then the fund arising
from the non-payment of them should go, first to the creditors of
Class A, and the residue, after paying these, to the creditors of Class
B. The deed was silent as to such a fund. It cannot be made to
provide for such a fund, except by the interpolation into ft of words
that are now wanting, and are necessary for the purpose. This fund
was not in its contemplation, and is a casus omissus. Being silent
as to this fund, the deed made no disposition whatever of it, as against
assailing creditors. Not being disposed of at all by the deed, the
fund remained in the grantors unassigned, and subject to the claims
of any creditors of Hofheimer, Son do Co., who should pursue it; the
· most vigilant in the pursuit obtaining priority of right over it, ac-
cording to the degree of their vigilance. It is useless to refer to au-
' thorities to show that a deed of assignment- may be valid as to bona.