Perkins v. Markham
Court of Appeals for the Ninth Circuit
On Petition for Review of Certain Orders of the District Court oí the United States for the 'Southern District of ‘California, in Bankruptcy.
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On Petition for Review of Certain Orders of the District Court oí the United States for the 'Southern District of ‘California, in Bankruptcy. This matter has been brought into this court upon the petition of the trustee in bankruptcy to review two orders of the court below, — one granting leave to make the trustee in bankruptcy a party defendant to foreclosure proceeding's in ilie state court, and the other denying the petition of the trustee for an injunction to restrain said foreclosure proceedings. It appears that the property involved in the foreclosure proceedings, known as the “San…
1Opinion of the CourtMorrow, Circuit Judge
After Markham had commenced his action in the state court, on August 14, 1899, ,to foreclose his mortgage upon the real and personal property of the -bankrupt, and for the appointment of a receiver to take charge of the same, and before he had applied to the United States district court, on September 8,1899, for leave to malee the bankrupt and the trustee of the bankrupt estate parties defendant to the action in the state court, the trustee in bankruptcy had, on August 29, 1899, applied to the state court having jurisdiction of the foreclosure proceedings, and had obtained the permission of…
2Cases cited1 opinion
- Hall v. KincellCourt of Appeals for the Ninth Circuit · 1900
3Cited by5 opinions
- In re Dayton Coal & Iron Co.District Court, E.D. Tennessee · 1922
- In re KelloggDistrict Court, W.D. New York · 1902
- In re San Gabriel Sanatorium Co.Court of Appeals for the Ninth Circuit · 1901
- Ft. Dearborn Trust & Savings Bank v. SmalleyCourt of Appeals for the Eighth Circuit · 1924
- In re JohnsonDistrict Court, D. Nevada · 1904