Gillett v. Balcom
New York Supreme Court
Trover for a quantity of wheat, tried at the Steuben circuit in November, 1846, before H. Gray, circuit judge. On the trial the following facts appeared: On the 24th of December, 1842, Uri Balcom presented his petition in bankruptcy to the district court of the United States for the northern district of New-York, accompanied by the usual schedules, and on the 9th of February following, was duly declared a bankrupt.
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Trover for a quantity of wheat, tried at the Steuben circuit in November, 1846, before H. Gray, circuit judge. On the trial the following facts appeared: On the 24th of December, 1842, Uri Balcom presented his petition in bankruptcy to the district court of the United States for the northern district of New-York, accompanied by the usual schedules, and on the 9th of February following, was duly declared a bankrupt. The wheat in question was then growing on the premises of the bankrupt and was owned by him. The assignee in bankruptcy sold the wheat, which was bid off and purchased by the…
1Opinion of the Court
By the Court, Welles, J.
Under the decree, declaring Uri Balcom a bankrupt, which bears date Feb. 9, 1843, and the 3d section of the bankrupt act of August 19, 1841, the title to the wheat in question, as well as to the land on which it was growing, vested in the assignee in bankruptcy. Such title, however, came to the assignee charged with the incumbrance of the mortgage to the defendant, which held, not only the land, but the crops thereon, while growing, and until they were severed therefrom. (Shepard v. Philbrick, 2 Denio, 174, and authorities there cited.)
The mortgage was regularly…
2Cases cited2 opinions
- Haxton v. BishopNew York Supreme Court · 1829
- Shepard v. PhilbrickNew York Supreme Court · 1846
3Cited by11 opinions
- Rhodes v. OtisSupreme Court of Alabama · 1859
- Beckman v. SikesSupreme Court of Kansas · 1886
- Batterman v. . AlbrightNew York Court of Appeals · 1890
- Goodwin v. SmithSupreme Court of Kansas · 1892
- Jones v. AdamsOregon Supreme Court · 1900
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