Adams v. Crittenden
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ALABAMA. This was an action of ejectment, and was submitted to. the trial court upon an agreed statement of facts, which appears in the record. The contest was between a purchaser from an assignee in bankruptcy and a purchaser at subsequent foreclosure proceedings in a state ■ court. The land was encumbered with liens at the time the bankruptcy proceedings were commenced.
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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ALABAMA. This was an action of ejectment, and was submitted to. the trial court upon an agreed statement of facts, which appears in the record. The contest was between a purchaser from an assignee in bankruptcy and a purchaser at subsequent foreclosure proceedings in a state ■ court. The land was encumbered with liens at the time the bankruptcy proceedings were commenced. The title was not in the bankrupt, nor was the property surrendered by him to the assignee. Subsequently, however, the assignee sued the party in…
1Opinion of the CourtJustice Brewer
The regularity of the proceedings of the state court' is not challenged. They were all subsequent to the proceedings in the. bankrupt court, and were not' commenced until after the title had passed away from the assignee in bankruptcy. The general jurisdiction of the state court is conceded. The purchaser, the plaintiff in error, was a party to that suit, and the claim of the plaintiff in error can only be sustained upon the theory that by reason of the bankrupt proceedings the state" court was prevented from taking jurisdiction.
But the truth. is, the question is one of error and not of…
2Cases cited1 opinion
- Winchester v. HeiskellSupreme Court of the United States · 1886
3Cited by4 opinions
- Foster v. ChristensenTexas Commission of Appeals · 1934
- Ludeling v. ChaffeSupreme Court of the United States · 1892
- Johnson & Johnson v. HeroldDistrict Court, D. New Jersey · 1907
- Sims v. TinneyDistrict Court, D. South Carolina · 1977