Lucius v. Cawthon-Coleman Co.
Supreme Court of the United States
APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF ALABAMA. This is an appeal from a decree of the District Court of the United States for the Southern District of Alabama, sitting in bankruptcy, establishing and directing the enforcement of a lien upon the proceeds of two policies of insurance in the hands of the trustee in bankruptcy.
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APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF ALABAMA. This is an appeal from a decree of the District Court of the United States for the Southern District of Alabama, sitting in bankruptcy, establishing and directing the enforcement of a lien upon the proceeds of two policies of insurance in the hands of the trustee in bankruptcy. The District Court filed findings of fact and its conclusions of law, in pursuance to the third subdivision of General Order in Bankruptcy 36; and an appeal. was taken upon the question of jurisdiction alone, under the supposed…
1Opinion of the CourtJustice White
By the express terms of subdivision 11 of section 2 of the Bankruptcy Act of 1898 jurisdiction is conferred upon courts of bankruptcy to determine all claims of bankrupts to their exemptions. When, therefore, as in the case at bar, property of the bankrupt has come into the possession of the trustee in bankruptcy, and the bankrupt has asserted in the bankruptcy court a claim to be entitled to a part or the whole of such property, as exempt property, the bankruptcy court necessarily is vested with jurisdiction to determine upon the facts before it the validity of the claimed exemption. An…
2Cases cited3 opinions
- Lockwood v. Exchange BankSupreme Court of the United States · 1903
- Hutchinson v. OtisSupreme Court of the United States · 1903
- Denver First National Bank v. KlugSupreme Court of the United States · 1902
3Cited by13 opinions
- Panagopulos v. Manning Et Ux.Utah Supreme Court · 1937
- Exploration Mercantile Co. v. Pacific Hardware & Steel Co.Court of Appeals for the Ninth Circuit · 1910
- Fidelity Trust Co. v. GaskellCourt of Appeals for the Eighth Circuit · 1912
- Mason v. WolkowichCourt of Appeals for the First Circuit · 1906
- Morris v. CoveySupreme Court of Arkansas · 1912
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