Martin v. Smith
U.S. Circuit Court for the District of Missouri
This was a bill in equity filed originally in the district court by Martin, as assignee in bankruptcy of Edward K. Woodward, to recover certain property from the defendants. Prior to February, 1861, Woodward had been a merchant m St. Louis, doing business in his own name and in the usual way. In the fall of 1860, however, he became much embarrassed, and, in fact, insolvent.
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This was a bill in equity filed originally in the district court by Martin, as assignee in bankruptcy of Edward K. Woodward, to recover certain property from the defendants. Prior to February, 1861, Woodward had been a merchant m St. Louis, doing business in his own name and in the usual way. In the fall of 1860, however, he became much embarrassed, and, in fact, insolvent. He endeavored, late in 1860, first through the defendant, Gray, and subsequently through the defendant, Smith, to effect a compromise with his eastern creditors, but could not succeed. The defendant, Smith, is a brother-in…
1Opinion of the Court
DILLON, Circuit Judge.
In the argument at the bar counsel differed, not indeed respecting the general nature of the bill, but upon the point whether in the relief sought it embraced the real estate conveyed by the bankrupt to the respondent, Smith, as well as the personal property or the interest in the co-partnership therein mentioned.
The point is important, for the limitation as to real actions is ten years, and as to personal actions five years. The present bill was exhibited more than five years, but within ten years, after the sale of the goods and the conveyance of the real property.
If…
2Cases cited15 opinions
- Troup v. Executors of SmithNew York Supreme Court · 1822
- Phalen v. ClarkSupreme Court of Connecticut · 1849
- Buckner v. CalcoteMississippi Supreme Court · 1855
- Newman v. De LorimerSupreme Court of Iowa · 1865
- Smith v. TalbotTexas Supreme Court · 1857
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3Cited by15 opinions
- Wood v. CarpenterSupreme Court of the United States · 1879
- Lady Washington Consolidated Co. v. WoodCalifornia Supreme Court · 1896
- Adams v. AlbanyDistrict Court, S.D. California · 1948
- Lasby v. BurgessMontana Supreme Court · 1930
- Choppin v. DauphinSupreme Court of Louisiana · 1904
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