Legal Opinion

Richard Nugent, Assignee of Elizabeth Norton, in Bankruptcy, in Error v. George W. Boyd, Isaac T. Preston, and Abner Phelps

Supreme Court of the United States

Decided January 17, 1845PublishedCited by 22 opinions

This case came up by appeal from the Circuit Court of the United States for East Louisiana, sitting as a court of equity. The controversy was between the bankrupt’s assignee, on one side, and a mortgage creditor and purchasers at the sale under state process of the mortgaged premises, on the other.

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This case came up by appeal from the Circuit Court of the United States for East Louisiana, sitting as a court of equity. The controversy was between the bankrupt’s assignee, on one side, and a mortgage creditor and purchasers at the sale under state process of the mortgaged premises, on the other. The-points to be decided grew out of the bankrupt law, and especially out of the saving in favour of state liens in the 2d section, and the jurisdiction granted to the District and Circuit Courts of the United States in cases of bankruptcy by the 6th and 8th. ■ The validity of certain rules…

1Opinion of the Court

Mr; Chief Justice TANEY

delivered the opinion of the court.

It appears in this case, that, in January, 1844, a bill was filed in the Circuit Court of the United States for the eastern district of Louisiana, sitting in chancery, by Richard Nugent, assignee of the estate of Elizabeth Norton in bankruptcy, stating, that the said Elizabeth Norton, on the 9th day of May, 1842, filed her petition in the District Court of the United States to be declared a bankrupt, and thM she was accordingly decreed to be such about the 1st of June, in the same year; that she returned in her schedule two lots of…

2Cited by22 opinions

  1. Cornelius v. KesselSupreme Court of the United States · 1888
  2. Clifton v. FosterMassachusetts Supreme Judicial Court · 1869
  3. In re ZehnerDistrict Court, E.D. Louisiana · 1912
  4. Frazier v. Southern Loan & Trust Co.Court of Appeals for the Fourth Circuit · 1900
  5. In re Union Trust Co.Court of Appeals for the First Circuit · 1903

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