Gilbert v. Priest
New York Supreme Court
nnHIS action was tried at the Jefferson special term in 1 November, 1871, and was prosecuted by the assignee in bankruptcy of Melancthon Inman, to set aside a conveyance executed by Inman when insolvent and within four months before the filing of the petition of bankruptcy against him, with a view to give a preference to one of his creditors, having reasonable cause to believe he was insolvent, and that such conveyance was made in fraud of the provisions of the United States…
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nnHIS action was tried at the Jefferson special term in 1 November, 1871, and was prosecuted by the assignee in bankruptcy of Melancthon Inman, to set aside a conveyance executed by Inman when insolvent and within four months before the filing of the petition of bankruptcy against him, with a view to give a preference to one of his creditors, having reasonable cause to believe he was insolvent, and that such conveyance was made in fraud of the provisions of the United States bankrupt act. It was insisted, on the trial, that the State courts had no jurisdiction of the action, for reasons…
1Opinion of the CourtDoolittle, J.
This action is prosecuted by the assignee in bankruptcy of Melancthon Inman, to set aside a deed of certain premises, situate in the county of Jefferson, where Inman resided, executed by the said Inman and his wife to the defendant Hiram Priest, one month before Inman was adjudicated a bankrupt, on the ground that the deed was void, under and by virtue of section 35 of the bankrupt law.
The alleged right of action is one created by that law, and it is objected that this court has no jurisdiction of the action. The allegation is that the federal courts have exclusive jurisdiction of such cases…
2Cases cited8 opinions
- Rich v. HotchkissSupreme Court of Connecticut · 1844
- Stevens v. Mechanics' Savings BankMassachusetts Supreme Judicial Court · 1869
- Middlebrook v. . BroadbentNew York Court of Appeals · 1872
- Parsons v. BarnardNew York Supreme Court · 1810
- Gibson v. WoodworthNew York Court of Chancery · 1840
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3Cited by2 opinions
- Markson v. HaneyIndiana Supreme Court · 1874
- Dambmann v. WhiteCalifornia Supreme Court · 1874