Legal Opinion · Dissent

Neely v. Gunning

Court of Appeals for the Ninth Circuit

Decided December 4, 1941No. 9858Published

1DissentHaney, Circuit Judge

The majority opinion is written on the basis of a holding that the contract of sale had not been forfeited when relief *12in bankruptcy was sought, and therefore passed under the exclusive jurisdiction of the bankruptcy court pursuant to 11 U.S.C.A. § 203, sub. n. That section places under the jurisdiction of the bankruptcy court “all real orpersonal property, * * * including among others, contracts for purchase, contracts for deed, or conditional sales contracts * * *.”

Appellees insist, and the majority holds, that when the bankruptcy proceedings were commenced, they were the owners of real or…

2Cases cited12 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Sleeper v. BragdonWashington Supreme Court · 1907
  3. Reese v. WestfieldWashington Supreme Court · 1909
  4. Finch v. SpragueWashington Supreme Court · 1921
  5. Great Western Investment Co. v. AndersonWashington Supreme Court · 1931

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