Wright v. Calhoun National Bank

This case is here upon exceptions to the nonsuit of an action in trover. Prior to the filing of the suit the plaintiff had been adjudicated a bankrupt. After an adjudication in bankruptcy and before the appointment of a trustee the bankrupt has sufficient title in the property theretofore owned by him to authorize the institution and maintenance of a suit by him to protect the assets of the bankrupt estate. Until such appointment or election of a trustee the bankrupt has title,—defeasible, but sufficient to authorize the institution and maintenance of a suit on any cause of action otherwise…