Morgan v. Ownbey

Richards, J.,

delivering the opinion of the court:

*439The sole question in this case, is, whether the defendant Ownbey, is himself, entitled to file this petition, or has any claim or interest arising out of the above stated foreign attachment proceeding which can be litigated by him personally after he has been adjudicated a bankrupt.

Section 70a, of the Bankruptcy Act of 1898 (U. S. Comp. St. § 9654), provides as follows :

“The trustee of the estate of a bankrupt, upon his appointment and qualification, and his successor or successors, if he shall have one or more, upon his or their appointment…