Partan v. Niemi

This suit in equity is brought by the plaintiff, alleging that he is trustee in bankruptcy of The Eastern Publishing Company, Inc., to set aside as fraudulent and unauthorized certain mortgages and conveyances by it to the defendant, who was a director of that corporation. The defendant filed a plea in bar of this tenor: “That this plaintiff is not entitled to prosecute this action against this defendant, because the order of the United States District bankruptcy court purporting to appoint him trustee in bankruptcy of the Eastern Publishing Co. is a nullity, since said court did not have…