Legal Opinion

Beach v. Macon Grocery Co.

Court of Appeals for the Fifth Circuit

Decided May 13, 1902No. 1,135PublishedCited by 11 opinions

In Bankruptcy. Petition to superintend and revise the action of the district court. Creditors filed a petition in involuntary bankruptcy agaiust Asa N. Beach, and, on the same day filed an ancillary bill in the district court, praying the appointment of a receiver to take charge of all of the property of the alleged bankrupt, including certain property described in the bill.

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In Bankruptcy. Petition to superintend and revise the action of the district court. Creditors filed a petition in involuntary bankruptcy agaiust Asa N. Beach, and, on the same day filed an ancillary bill in the district court, praying the appointment of a receiver to take charge of all of the property of the alleged bankrupt, including certain property described in the bill. The bill alleged that Julia M. Dixon claimed to be the owner and in possession of such property, but that such claim was fraudulent and unfounded, the property being in fact owned by the bankrupt and in his possession. An…

1Per curiam

After carefully considering the entire record in this case and the argument of counsel, we have reached the follow^ ■ing conclusions: '

1. The order made appointing a receiver of the property shown by the ancillary bill to be held and claimed adversely by Julia M. Dixon should be reversed, and the receiver, Fred. R. Martin, directed to surrender to her all of said property, and all property taken ■from her possession by authority of said order.

2. The order, made without bond, so far as it appoints a receiver •of the property held and claimed by the bankrupt, Asa N. Beach, individually or as a…

2Cited by11 opinions

  1. In Re Lustron Corp. Reconstruction Finance Corp. v. Lustron CorpCourt of Appeals for the Seventh Circuit · 1950
  2. In re Jersey Island Packing Co.Court of Appeals for the Ninth Circuit · 1905
  3. In re MitchellCourt of Appeals for the Second Circuit · 1922
  4. Beach v. Macon Grocery Co.Court of Appeals for the Fifth Circuit · 1903
  5. Horner-Gaylord Co. v. Miller & BennettDistrict Court, N.D. West Virginia · 1906

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