Harris v. Collins
Supreme Court of Alabama
Error from the Circuit Court of Mobile. Before the Hon. J. Bragg. Action of debt by plaintiff, as assignee in bankruptcy, upon a lease reserving a certain money rent due by instalments in 1839 and 1840, made by defendants to one John Tarleton, who was duly declared a bankrupt in June, 1842, and who then turned over said lease to his assignee, the plaintiff in error.
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Error from the Circuit Court of Mobile. Before the Hon. J. Bragg. Action of debt by plaintiff, as assignee in bankruptcy, upon a lease reserving a certain money rent due by instalments in 1839 and 1840, made by defendants to one John Tarleton, who was duly declared a bankrupt in June, 1842, and who then turned over said lease to his assignee, the plaintiff in error. The suit was commenced 17th November, 1045. The defendants demurred to the declaration, which demurrer was sustained by the court; and plaintiff now assigns the judgment on the demurrer, for error in this court. 1. The declaration…
1Opinion of the CourtChilton, J.
The suit by the plaintiff, as assignee in bankruptcy, was commenced too late. By the 8th section of the bankrupt act, it is provided “ that no suit, at law or in equity, shall in any case be maintainable, by or against such assignee,' or by or against any person claiming an adverse interest, touching the property or rights of property aforesaid, in any court whatsoever, unless the same shall be brought within two years after the declaration and decree in bankruptcy, or after the cause of suit shall first have accrued.” The *390plaintiff in error has not brought himself within the provisions of…
2Cases cited1 opinion
- Comegys v. McCordSupreme Court of Alabama · 1847
3Cited by7 opinions
- Paulding v. LeeSupreme Court of Alabama · 1852
- Whitehead v. CokerAlabama Court of Appeals · 1917
- Geisreiter v. SevierSupreme Court of Arkansas · 1878
- Walker v. TownerU.S. Circuit Court for the District of Western Missouri · 1877
- Burnham v. De BevorseNew York Supreme Court · 1853
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