Pearson v. Higgins

DIETRICH, Circuit Judge.

The only question involved in this proceeding is whether a certain boat was the individual property of Louis Morgan, at the time he was adjudicated a bankrupt, or belonged to a copartnership consisting of the bankrupt and appellant Pearson. If the former, the trustee is entitled to possession, and, if the latter, the trustee concedes right of possession in Pearson. That issue — the only substantive one in the ease — neither the referee nor the court below has determined. The referee decided only that in a summary proceeding, instituted by the trustee, the bankruptcy…