Legal Opinion

In re Brooks

District Court, D. Vermont

Decided December 24, 1898PublishedCited by 9 opinions

In Bankruptcy. On petition by a trustee in bankruptcy for the restoration to him of property of the bankrupt previously sold on foreclosure of chattel mortgages and held by the petitionee.

1Opinion of the Court

WHEELER, District Judge.

The bankrupt had a tailoring establishment, with a stock of goods, tools, and fixtures, in St. Johnsbury,. on which, at the time of adjudication, the petitionee held chattel mortgages, with conditions broken over 30 days, that were in the hands of the constable, who had locked the property v. in a room on the bankrupt’s premises, and taken the key. They were notified of the proceedings, but before there was any trustee, and against objections •of those interested, the constable sold the property at auction on the mortgages at about half its value, most of which was bid…

2Cases cited4 opinions

  1. Feibelman v. PackardSupreme Court of the United States · 1883
  2. Conner v. LongSupreme Court of the United States · 1881
  3. Sharpe v. DoyleSupreme Court of the United States · 1881
  4. Slate v. BarkerSupreme Court of Vermont · 1854

3Cited by9 opinions

  1. Frazier v. Southern Loan & Trust Co.Court of Appeals for the Fourth Circuit · 1900
  2. Bear v. ChaseCourt of Appeals for the Fourth Circuit · 1900
  3. In re HammondDistrict Court, D. Massachusetts · 1899
  4. In re ReynoldsDistrict Court, D. Montana · 1904
  5. Murray v. BealDistrict Court, D. Utah · 1899

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