Legal Opinion

Hurley v. Devlin

District Court, D. Kansas

Decided April 1, 1907No. 953PublishedCited by 4 opinions

On Motion to Vacate Restraining Order. On the 7th day of July, 1905, Chas. J. Devlin, a citizen and resident of this state, on his voluntary petition was adjudged a bankrupt, and the conrplaining trustees were appointed and qualified as receivers of his estate and took possession of all the property of said estate.

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On Motion to Vacate Restraining Order. On the 7th day of July, 1905, Chas. J. Devlin, a citizen and resident of this state, on his voluntary petition was adjudged a bankrupt, and the conrplaining trustees were appointed and qualified as receivers of his estate and took possession of all the property of said estate. Thereafter, the receivers so appointed were by the creditors of the estate duly elected, qualified, and now are acting as trustees in bankruptcy of said estate, and have at all times since their appointment and qualification been and remained in the actual possession of all the…

1Opinion of the CourtPollock, District Judge

(after stating the facts). In view of ,the facts as above stated, the precise question raised for decision is this: Does this court of bankruptcy have exclusive jurisdiction and *921power to determine the right of the widow to be endowed out of the lands of her bankrupt husband of which he died seised, and which lands came into the possession of this court through its receivers and trustees prior to the death of her husband ? Or do, the state courts of the states in which the lands are situate, and in which the suits were instituted, possess jurisdiction, either exclusive or concurrent with this…

2Cases cited23 opinions

  1. Mueller v. NugentSupreme Court of the United States · 1902
  2. Thompson v. Phenix InsuranceSupreme Court of the United States · 1890
  3. Booth v. ClarkSupreme Court of the United States · 1855
  4. Porter v. SabinSupreme Court of the United States · 1893
  5. In Re Watts and SachsSupreme Court of the United States · 1903

18 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. In Re CopeDistrict Court, D. Colorado · 1934
  2. Dugan v. LoganCourt of Appeals of Kentucky (pre-1976) · 1929
  3. In Re Cameron County Water Improvement Dist. No. 1District Court, S.D. Texas · 1934
  4. Bowersox v. B. M. Behrends BankDistrict Court, D. Alaska · 1926

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