Legal Opinion

In re Bluestone Bros.

District Court, N.D. West Virginia

Decided November 20, 1909PublishedCited by 1 opinion

In the matter of Bluestone Bros., bankrupts. On petition of William M. Ralphsnyder. William' M. Ralphsnyder has presented Ms bill of complaint, in the nature of a petition, in this cause, against Thornton II.

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In the matter of Bluestone Bros., bankrupts. On petition of William M. Ralphsnyder. William' M. Ralphsnyder has presented Ms bill of complaint, in the nature of a petition, in this cause, against Thornton II. Devault, setting forth the adjudication in bankruptcy of milestone Bros., both as partners and individuals, ilie reference of the cause to a referee, and the proceedings had before him whereby the property of bankrupts, consisting practically of a stock of goods, were appraised, ordered sold, and in fact sold under direction of the trustee duly selected, at which sale the plaintiff…

1Opinion of the CourtDayton, District Judge

(after stating the facts as above). The very interesting question of to what extent a bankrupt court has jurisdiction and power, after sale confirmed under its orders, to protect the title of property in the purchaser at such sale, was presented by this bill, and to determine this question was the purpose of granting the injunction herein. It is no longer an open question in this (Fourth) circuit that the jurisdiction of the federal courts in bankruptcy is essentially exclusive, and that a District Court, as a court of bankruptcy, has power to stay proceedings of a state court, seeking to…

2Cases cited1 opinion

  1. New River Coal Land Co. v. Ruffner Bros.Court of Appeals for the Fourth Circuit · 1908

3Cited by1 opinion

  1. Grinnell Overland Co. v. Merchants National BankSupreme Court of Iowa · 1921

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