Gilbert v. Priest
New York Supreme Court
The plaintiffs are the assignees in bankruptcy of Melancthon Inman, a bankrupt. This action is brought to set aside a deed from said Inman and wife to Hiram Priest, as being in fraud of the bankrupt law. The deed was dated January 18, 1871. The consideration expressed in it is six thousand six hundred and eighty dollars. Inman was declared a bankrupt on February 38, 1871, and the plaintiffs were appointed assignees on March 31 of the same year.
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The plaintiffs are the assignees in bankruptcy of Melancthon Inman, a bankrupt. This action is brought to set aside a deed from said Inman and wife to Hiram Priest, as being in fraud of the bankrupt law. The deed was dated January 18, 1871. The consideration expressed in it is six thousand six hundred and eighty dollars. Inman was declared a bankrupt on February 38, 1871, and the plaintiffs were appointed assignees on March 31 of the same year. The register assigned to the plaintiffs on April 3, following. Inman was shown to be insolvent when the proceedings in bankruptcy were commenced. The…
1Opinion of the Court
By the Court.—Mullin, P. J.
The question is an exceedingly interesting and important one, as are all questions involving the relations of the States and the federal government. While, on the one hand, the courts of the States should not refuse to entertain jurisdiction of cases which rightfully belong to them, so, on the other hand, they should scrupulously avoid assuming jurisdiction of cases properly within the cognizance of the courts of the United States. When once the State courts refuse to entertain causes for want of jurisdiction and the federal courts assume it, in such cases it will…
2Cases cited6 opinions
- Martin v. Hunter's LesseeSupreme Court of the United States · 1816
- Brooks v. StolleyU.S. Circuit Court for the District of Ohio · 1845
- Winslow v. . ClarkNew York Court of Appeals · 1872
- Ogden & Thomas v. JacksonNew York Supreme Court · 1806
- Winslow v. ClarkNew York Supreme Court · 1870
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