Rix v. Capitol Bank
U.S. Circuit Court for the District of Kansas
This is a bill brought by [Charles N. Rix] the assignee in bankruptcy of James R. Stil-well to set aside a mortgage made by the bankrupt and his wife to the defendant within four months of the commencement of the proceedings in bankruptcy. The averments of the bill make a case of fraudulent preference within the 35th section of the bankrupt act. After the bankruptcy the defendant commenced suit in the state district court for Shawnee county to foreclose its mortgage.
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This is a bill brought by [Charles N. Rix] the assignee in bankruptcy of James R. Stil-well to set aside a mortgage made by the bankrupt and his wife to the defendant within four months of the commencement of the proceedings in bankruptcy. The averments of the bill make a case of fraudulent preference within the 35th section of the bankrupt act. After the bankruptcy the defendant commenced suit in the state district court for Shawnee county to foreclose its mortgage. The present cause was submitted to the court, upon the following agreement as to facts; “It is agreed in this case that the…
1Opinion of the Court
DILLON, Circuit Judge.
We hold the following propositions:
1.That the property in question, being admitted to be the homestead of the bankrupt at the time of the commencement, of the proceedings in bankruptcy, and as such being -‘exempted” by the constitution of the state ‘•from forced sale under any process of law,” the same was “excepted” by the bankrupt act (section 14) “from the operation of the provisions” of that section, and the “title” thereto did not “pass to the assignee.” nor was “the title of the bankrupt thereto impaired or affected by the provisions of this (the bankrupt) act.”
2.…
2Cases cited2 opinions
- Shepherd v. CassidayTexas Supreme Court · 1857
- Davis v. AndrewsSupreme Court of Vermont · 1858
3Cited by6 opinions
- In re CampDistrict Court, N.D. Georgia · 1899
- In re LittleDistrict Court, N.D. Iowa · 1901
- In re WellsDistrict Court, W.D. Arkansas · 1900
- Kibbe v. ScholesSupreme Court of Alabama · 1929
- In re MayerCourt of Appeals for the Seventh Circuit · 1901
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