Westall v. Avery
Court of Appeals for the Fourth Circuit
In Error to and Appeal from the District Court of the United States for the Western District of North Carolina, at Statesville.
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In Error to and Appeal from the District Court of the United States for the Western District of North Carolina, at Statesville. Avery, trustee for J. A. Townsend & Co., bankrupts, filed his “complaint” on the law side of the Circuit Court below, seeking to set aside as fraudulent three contracts made by the bankrupt, J. A. Townsend; the one, a (hied of trust to Abernathy, trustee, dated January 13, 1903, to secure Westall $0,250, the second, bearing the same date, to AVesinll, whereby lie (Townsend) was to ship to AVestall all lumber manufactured from certain lands set forth in the deed of…
1Opinion of the CourtDayton, District Judge
(after.stating the facts as above). In view of the anomalous proceedings had in this cause, whereby an action at law was started in the Circuit Court, by consent, considered and determined in the District Court, first submitted to a jury, then by consent withdrawn, by like consent referred to an arbitrator, and finally adjudicated by a decree in equity, whereby so much doubt has arisen that it has been brought here and docketed under a combined writ of error and appeal, it would seem both pertinent and necessary to state that it is well settled that bankruptcy proceedings themselves are…
2Cases cited10 opinions
- Payne v. HookSupreme Court of the United States · 1869
- Scott v. NeelySupreme Court of the United States · 1891
- Kimberly v. ArmsSupreme Court of the United States · 1889
- State of Penn. v. THE WHEELING &C. BRIDGE CO.Supreme Court of the United States · 1852
- Grant v. National BankSupreme Court of the United States · 1878
5 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- In Re Columbia Ribbon Co.Court of Appeals for the Third Circuit · 1941
- In Re BarnettCourt of Appeals for the Second Circuit · 1926
- Chatz v. FreemanCourt of Appeals for the Seventh Circuit · 1953
- Monclova v. Financial Credit Corp.Supreme Court of Puerto Rico · 1961
- Fourteenth Ave. Security Loan Ass'n v. SquireCourt of Appeals for the Third Circuit · 1938
16 more not listed; retrieve them via the Exa API.