Neuberger v. Felis
Supreme Court of Alabama
Appeal from Circuit Court, Mobile County; Norville R. Leigh, Jr., Judge. Bill by Samuel G. Neuberger against Nicholas Felis and wife to set aside a conveyance as a fraud on creditors. From a decree sustaining demurrers to the bill, complainant appealed.
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Appeal from Circuit Court, Mobile County; Norville R. Leigh, Jr., Judge. Bill by Samuel G. Neuberger against Nicholas Felis and wife to set aside a conveyance as a fraud on creditors. From a decree sustaining demurrers to the bill, complainant appealed. Complainant alleges insolvency of Nicholas Felis, the fact of his voluntary bankruptcy, and. the purchase hy complainant from the trustee in bankruptcy of the estate of Nicholas Felis of certain property, among which was the house and lot in question; also, the confirmation of the sale by the referee in bankruptcy. The bill further alleges the…
1Opinion of the CourtThomas, J.
The question presented by this appeal is whether a trustee in bankruptcy may sell and convey the right of action, under the state statute, to set aside a fraudulent conveyance not executed within the four months’ period.
In Barrett v. Kaigler, 70 South. 320, 1 this court declared that, under the Bankruptcy Act of July 1, 1898, c. 541, § 70, subd. a (4), 30 Stat. 565 (U. S. Comp. St. 1916, § 9654), the trustee in bankruptcy is vested with the title which the bankrupt had in the property transferred by him in fraud of creditors; that the trustee takes the title and also the right of action of…
2Cases cited38 opinions
- Bailey v. Baker Ice MacHine Co.Supreme Court of the United States · 1915
- Acme Harvester Co. v. Beekman Lumber Co.Supreme Court of the United States · 1912
- Everett v. JudsonSupreme Court of the United States · 1913
- In re RodgersCourt of Appeals for the Seventh Circuit · 1903
- Toof v. City Nat. Bank of PaducahCourt of Appeals for the Sixth Circuit · 1913
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3Cited by12 opinions
- Webster v. Barnes Banking Co.Court of Appeals for the Tenth Circuit · 1940
- Rowe v. Bonneau-Jeter Hardware Co.Supreme Court of Alabama · 1943
- Parker v. HandIllinois Supreme Court · 1921
- Bagley v. BagleySupreme Court of Alabama · 1921
- In re Southern Metal Products Corp.District Court, N.D. Alabama · 1939
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