Legal Opinion

Petty v. Wilkins

Supreme Court of Arkansas

Decided June 11, 1917PublishedCited by 2 opinions

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Appeal from Clark Circuit Court; George R. Haynie, Judge; 1. The title to the property of the bankrupt vested in the trustee when the adjudication was made and. related back to the date of the filing of the petition. 228 IJ. S. 474, 459, 479; 222 Id. 300, 307; 4 Am. Bankr. Rep. 578; 73 Mass. 579; 143 Fed. 91; 213 Id. 396; 36 Am. Bankr. Rep. 354; 37 Id. 7. 2. The debt due from Wilkins to Norris had become a part of the bankrupt estate and passed to the trustee as of the date of filing the petition and Wilkins could not plead payment. 116 Féd. 530; 8 Am. B. Rep. 640. The lien of the garnishment…

1Opinion of the CourtSmith, J.

This cause was tried upon the pleadings, consisting of the complaint, the answer and the reply, there being an agreed statement of facts, which recited that the allegations of each of these pleadings were true, the material facts there recited being as follows:

Appellant, as trustee of the bankrupt estate of William I. Norris, sued appellee to recover a sum of money due by appellee to the bankrupt. A petition in involuntary bankruptcy was filed against Norris on December 28, 1915, and he was adjudged a bankrupt on February 3,1916. On November 28,1915, T. IT. Baker .sued Norris for debt, and…

2Cases cited6 opinions

Acme Harvester Co. v. Beekman Lumber Co.Supreme Court of the United States · 1912
Zavelo v. ReevesSupreme Court of the United States · 1913
Everett v. JudsonSupreme Court of the United States · 1913
Toof v. City Nat. Bank of PaducahCourt of Appeals for the Sixth Circuit · 1913
In re ZottiCourt of Appeals for the Second Circuit · 1911

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

Securities, Inc. v. Louisville & Nashville Rd.Ohio Court of Appeals · 1953
Tennison v. HansonSupreme Court of Arkansas · 1918