Legal Opinion

Jones v. Springer

Supreme Court of the United States

Decided December 2, 1912No. 23PublishedCited by 35 opinions

APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF NEW MEXICO. The facts are stated in the opinion. After the petition in bankruptcy was filed the assets of the bankrupt were in custodia legis, and the jurisdiction of the bankruptcy court to sell the same was exclusive.

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APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF NEW MEXICO. The facts are stated in the opinion. After the petition in bankruptcy was filed the assets of the bankrupt were in custodia legis, and the jurisdiction of the bankruptcy court to sell the same was exclusive. The salé- to Springer was had subsequent to the order of adjudication in bankruptcy, and he was charged with' notice of the pendency of the bankruptcy proceedings;and could obtain no title superior to that of the' trustee. . - No title passed to the purchaser, of the, dredge, because the proceedings to sell and the sale were…

1Opinion of the CourtJustice Holmes

This case comes here upon appeal from a judgment denying the title of the appellant as trustee in bankruptcy to property formerly belonging to the bankrupt and sold in this suit by order of the local court. The facts are these. The property in question is a mining dredge. It was attached on February 27, 1906, and a receiver was appointed on March 19. On May-1, a petition was filed for an order directing the dredge to be sold on the ground that.it was 'of a perishable nature, and liable to be lost or diminished in' value before the final adjudication of the case,’ within the Compiled . Laws of…

2Cases cited15 opinions

  1. Mueller v. NugentSupreme Court of the United States · 1902
  2. York Manufacturing Co. v. CassellSupreme Court of the United States · 1906
  3. United States v. ShippSupreme Court of the United States · 1906
  4. Eyster v. GaffSupreme Court of the United States · 1876
  5. Hiscock v. Varick Bank of New YorkSupreme Court of the United States · 1907

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3Cited by35 opinions

  1. Taubel-Scott-Kitzmiller Co. v. FoxSupreme Court of the United States · 1924
  2. Connell v. WalkerSupreme Court of the United States · 1934
  3. Shannon v. Shepard Manufacturing Co.Massachusetts Supreme Judicial Court · 1918
  4. Drybrough v. WareCourt of Appeals for the Sixth Circuit · 1940
  5. Pugh v. LoiselCourt of Appeals for the Fifth Circuit · 1915

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