Delta Nat. Bank v. Easterbrook
Court of Appeals for the Fifth Circuit
Appeal from the District Court of the United States for the Eastern District of Texas, at Paris. This was an action brought by J. O. Easterbrook, trustee in bankruptcy of the estate of Charles Pratt, bankrupt, against the Delta National Bank and James A. Smith, to recover a certain storehouse situated at Pació, in Delta county, Tex., formerly owned by said Charles Pratt, and transferred to him by James A. Smith.
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Appeal from the District Court of the United States for the Eastern District of Texas, at Paris. This was an action brought by J. O. Easterbrook, trustee in bankruptcy of the estate of Charles Pratt, bankrupt, against the Delta National Bank and James A. Smith, to recover a certain storehouse situated at Pació, in Delta county, Tex., formerly owned by said Charles Pratt, and transferred to him by James A. Smith. Charles Pratt conducted a mercantile business at Pació, and on October 13, 1902, conveyed his storehouse to said Smith for $1,500, and the amount was credited on Pratt’s indebtedness…
1Opinion of the CourtPardee, Circuit Judge
(after stating the facts as above). In the lower court this was an action at law for the specific recovery of personal property, and was a controversy arising in bankruptcy proceedings, of which the lower court had jurisdiction under section 70e, Bankr. Act July 1, 1898, c. 541, 30 Stat. 566 [U. S. Comp. St. 1901, p. 3452], as amended by Act Feb. 5, 1903, c. 487, § 16, 32 Stat. 800 [U. S. Comp. St. Supp. 1903, p. 417]. From the final judgment rendered in the case no appeal lies under section 25 of said Bankruptcy Act (30 Stat. 553 [U. S. Comp. St. 1901, p. 3432]) (In re Whitener, 105 Fed.…
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