Chauncey v. Dyke Bros.
Court of Appeals for the Eighth Circuit
Appeal from the District Court of the United States for the Western District of Arkansas. Joe P. Matthews was adjudicated a bankrupt by the district court of the United States for the Western district of Arkansas, and in the course of such proceeding A. A. McDonald, one of the appellees, was appointed trustee of his estate.
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Appeal from the District Court of the United States for the Western District of Arkansas. Joe P. Matthews was adjudicated a bankrupt by the district court of the United States for the Western district of Arkansas, and in the course of such proceeding A. A. McDonald, one of the appellees, was appointed trustee of his estate. At the time of the adjudication the bankrupt owned lot 7, in block 530, in Reserve addition to the city of Fort Smith, Ark., which property was subject to a deed of trust or mortgage held by Elihu Chauncey, Charles Chauncey, and William L. Savage, as trustees, to secure a…
1Opinion of the CourtThayer, Circuit Judge
The first question which confronts us in this case is one of jurisdiction. The appellants urge, and such is the fact, that they did not present their claim, which was secured by a mortgage or deed of trust, for allowance against the bankrupt’s estate; that the trustee in bankruptcy did not dispute the existence of the mortgage indebtedness; that the only real controversy which was tried and determined was that between the mortgagee and the mechanics’ lien holders concerning their respective priorities; and that, as this was a controversy in which the bankrupt’s estate was in no wise…
2Cases cited13 opinions
- Ex Parte Crow DogSupreme Court of the United States · 1883
- Kennedy v. GibsonSupreme Court of the United States · 1869
- United States v. FreemanSupreme Court of the United States · 1845
- Hanger v. AbbottSupreme Court of the United States · 1868
- United States v. BabbitSupreme Court of the United States · 1862
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3Cited by60 opinions
- In re RochfordCourt of Appeals for the Eighth Circuit · 1903
- Sylvan Beach, Inc. v. KochCourt of Appeals for the Eighth Circuit · 1944
- Lynch v. Alworth-Stephens Co.Court of Appeals for the Eighth Circuit · 1923
- Briney v. Burley (In Re Burley)United States Bankruptcy Court, C.D. California · 1981
- In re Jersey Island Packing Co.Court of Appeals for the Ninth Circuit · 1905
55 more not listed; retrieve them via the Exa API.