Truda v. Osgood
Supreme Court of New Hampshire
Trover, against the trustee in bankruptcy oí V. T., for wagons, harnesses, etc. Facts agreed, and case transferred from the May term, 1901, of the superior court by Pike, J. The defendant took possession of the property as assets of the bankrupt’s estate, and sold it in the course of his duties as trustee. The defendant’s motion to dismiss the action for want of jurisdiction was denied, and he excepted.
1Opinion of the CourtBjlodgett, C. J.
The question raised by the agreed facts is not one of jurisdiction, but of title. The plaintiff’s action is not one of replevin, but of trover. It concerns, not the judicial custody or lawful possession of the property in controversy, but only the trial of the title to it. The jurisdiction conferred on the federal courts in actions of this character between trustees in bankruptcy and strangers to the bankruptcy proceedings is not exclusive, but, on the contrary, it is well settled that in all questions of title to property derived through such proceedings the state courts have concurrent…
2Cases cited7 opinions
- Claflin v. HousemanSupreme Court of the United States · 1876
- Bardes v. Hawarden BankSupreme Court of the United States · 1900
- Eyster v. GaffSupreme Court of the United States · 1876
- White v. SchloerbSupreme Court of the United States · 1900
- Goodrich v. WilsonMassachusetts Supreme Judicial Court · 1876
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3Cited by3 opinions
- Goodnough Mercantile Co. v. GallowayOregon Supreme Court · 1906
- Crosby v. RidoutCourt of Appeals for the D.C. Circuit · 1906
- Webster v. StearnsSupreme Court of New Hampshire · 1910