Legal Opinion

Chilton v. Metcalf

Supreme Court of Missouri

Decided March 31, 1911PublishedCited by 8 opinions

Appeal from Shannon Circuit Court. — Hon. W. N. , • Evans, Judge. ■ (1) Under the bankruptcy law of 1867, an assignee in bankruptcy could not act until his appointment or election had been approved of record by the court in which the proceedings were pending; and until such approval was made a register could not assign the bankrupt’s effects to the assignee. 14’U. S. Stat. at Lar. 517, sec. 13; In re Scheiffer, Fed. Cas. No. 12,447, 21 Fed. Cas. 657; Ex parte Bryan, Fed..

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Appeal from Shannon Circuit Court. — Hon. W. N. , • Evans, Judge. ■ (1) Under the bankruptcy law of 1867, an assignee in bankruptcy could not act until his appointment or election had been approved of record by the court in which the proceedings were pending; and until such approval was made a register could not assign the bankrupt’s effects to the assignee. 14’U. S. Stat. at Lar. 517, sec. 13; In re Scheiffer, Fed. Cas. No. 12,447, 21 Fed. Cas. 657; Ex parte Bryan, Fed.. Cas. No. 2,061, 4 Fed. Cas. 499; 16 Am. and Eng. Ency. Law (2 Ed.) 716, par. e; Kleber’s Void Judicial and Ex. Sales, sec.…

1Opinion of the CourtLamm, J.

— Plaintiff sued under section 650 (now R. S. 1909, sec. 2535, as amended), in the Shannon Circuit Court in 1906-, to determine and quiet title to the northwest quarter and the north one-half of the southwest quarter and the southeast quarter of the southwest quarter, all of section 18, and the north one-half of section 8 and the south one-half of section 17, in township 30, range 2, in Shannon county — his petition alleging his ownership and title in fee simple and that defendants severally make some adverse claim of title. The prayer is • conventional.

Metcalf, sued as a non-resident,…

2Cases cited6 opinions

  1. Sessions v. RomadkaSupreme Court of the United States · 1892
  2. Lee v. ConranSupreme Court of Missouri · 1908
  3. Gage v. CantwellSupreme Court of Missouri · 1905
  4. Scruby v. NormanMissouri Court of Appeals · 1902
  5. Peery v. CarnesSupreme Court of Missouri · 1885

1 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Rains v. MoulderSupreme Court of Missouri · 1936
  2. Nelson v. JonesSupreme Court of Missouri · 1912
  3. Fidelity & Casualty Co. of New York v. BrightmanCourt of Appeals for the Eighth Circuit · 1931
  4. Peniston v. Hydraulic Press Brick Co.Supreme Court of Missouri · 1911
  5. Woolridge v. Lacrosse Lumber Co.Supreme Court of Missouri · 1921

3 more not listed; retrieve them via the Exa API.

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