Lathrop v. Nelson
U.S. Circuit Court for the District of Western Missouri
[In error to the district court of the United States for the Western district of Missouri.] This case came up in the district court on a demurrer to the answer as not stating facts sufficient to constitute a defence. The demurrer was sustained by the district ■court, and the defendant [Gardiner] La-throp, declining to plead further, final judgment was rendered against him, to reverse which he has prosecuted this writ of error.
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[In error to the district court of the United States for the Western district of Missouri.] This case came up in the district court on a demurrer to the answer as not stating facts sufficient to constitute a defence. The demurrer was sustained by the district ■court, and the defendant [Gardiner] La-throp, declining to plead further, final judgment was rendered against him, to reverse which he has prosecuted this writ of error. The defendant below is the assignee of an •estate in bankruptcy, to which certain real property belonged, upon which plaintiffs [R. H. Nelson and others] held a deed of…
1Opinion of the Court
DILLON, Circuit Judge.
The question presented is, which of the parties, under the circumstances, is entitled to the rents and profits of the estate for the period intervening between the date of the sale and the date of the confirmation? The order of sale was silent in this respect. The contest is between the mortgagees, who afterwards became purchasers of the mortgaged property for less than their debt, and the assignee in bankruptcy, representing the unsecured creditors of the bankrupt. It is not shown that the delay in the confirmation is attributable to the acts or conduct of the…
2Cases cited3 opinions
- Wagner v. CohenCourt of Appeals of Maryland · 1847
- McHenry v. La Société Française D'ÉpargnesSupreme Court of the United States · 1877
- Castleman v. BeltCourt of Appeals of Kentucky · 1841
3Cited by1 opinion
- Blackburn v. Selma R.United States Circuit Court · 1880