Dunlop v. Baker
Court of Appeals for the Fourth Circuit
Appeal from the District Court of the United States for the Eastern District of Virginia, at Richmond, in Bankruptcy; Edmund Waddill, Jr., Judge. In the matter of Robert Edward Baker, bankrupt. Petition by J. J. Dunlop against Robert Edward Baker and wife, and D. Hamilton Willcox, Lawrence P. Poole, and C. H. Joyner, trustees. From an order denying his petition for equitable relief, Dunlop appeals.
1DissentJohnson, District Judge
I dissent. Surely there is no principle of law or equity correctly applied that requires a court of bankruptcy to give to a mere unilateral option, which had not been accepted at the time of adjudication in bankruptcy, the same legal effect as a deed of warranty. Surely the court is not constrained to rule that the holder of an unaccepted option at the time of bankruptcy shall come into the bankrupt court and have his option declared superior to the dower rights of the bankrupt’s wife. It is shocking to the conscience to be told that the holder of a Sunday unilateral option, which had not…
2Cases cited17 opinions
- Mills v. GreenSupreme Court of the United States · 1895
- Hunt v. RhodesSupreme Court of the United States · 1828
- Richardson v. McChesneySupreme Court of the United States · 1910
- Gatewood v. GatewoodSupreme Court of Virginia · 1881
- Wingert v. First Nat. Bank of HagerstownSupreme Court of the United States · 1912
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