Mueller v. Bruss
Wisconsin Supreme Court
Appeal from an order of the superior court of Milwaukee county: OeeeN T. Williahs, Judge. Demurrer to plaintiff’s complaint. It is alleged that about May 2, 1899, the defendant Julius Bruss filed a voluntary petition in bankruptcy, and was thereafter duly adjudged a voluntary bankrupt. July 10,1899, the plaintiff was elected trustee, and duly qualified. Prior to October 18,1898, Bruss owned certain real estate.
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Appeal from an order of the superior court of Milwaukee county: OeeeN T. Williahs, Judge. Demurrer to plaintiff’s complaint. It is alleged that about May 2, 1899, the defendant Julius Bruss filed a voluntary petition in bankruptcy, and was thereafter duly adjudged a voluntary bankrupt. July 10,1899, the plaintiff was elected trustee, and duly qualified. Prior to October 18,1898, Bruss owned certain real estate. On the date last mentioned, while in debt to creditors who had proved their claims in said bankruptcy proceedings, which debts are yet unpaid, he conveyed certain of said real estate…
1Opinion of the CourtBardeen, J.
1. The first question raised by the defendants is whether the courts of this state will take jurisdiction of actions arising under the federal bankruptcy act. The plaintiff is suing, in his capacity as trustee in bankruptcy of the defendant Julius Bruss, to set aside conveyances of his real estate alleged to have been made some six months prior to the filing of his voluntary petition. His authority to sue is given by Bankruptcy Act of 1898, § 10. Subdivision “ e ” of this section provides:
“ The trustee may avoid any transfer by the bankrupt of his property which any creditor of sucli bankrupt…
2Cases cited13 opinions
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- Shellington v. . HowlandNew York Court of Appeals · 1873
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- Semmes v. Hartford Insurance CompanySupreme Court of the United States · 1871
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3Cited by32 opinions
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