In re Dunavant
District Court, W.D. North Carolina
In Bankruptcy.' The above-entitled cause having been referred to W. S. Pearson, a referee in bankruptcy in this district, to investigate, and to pass upon all matters in controversy between certain judgment creditors of S. I). Dunavant, bankrupt, and the bankrupt, and especially to report what, if any, interest the said bankrupt had at the date of his adjudication in bankruptcy (December 24, 1898) in certain lands described in the answers of the respondents, the referee, on…
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In Bankruptcy.' The above-entitled cause having been referred to W. S. Pearson, a referee in bankruptcy in this district, to investigate, and to pass upon all matters in controversy between certain judgment creditors of S. I). Dunavant, bankrupt, and the bankrupt, and especially to report what, if any, interest the said bankrupt had at the date of his adjudication in bankruptcy (December 24, 1898) in certain lands described in the answers of the respondents, the referee, on due notice to all parties interested, examined the bankrupt and a number of witnesses at his office, in Morganton, N.…
1Opinion of the Court
EWART, District Judge.
Upon tbe above statement of facts as found, the referee concludes:(1) “That, as a matter of law, a proceeding in bankruptcy does not affect liens accruing four months prior to petition filed, and that the trust-deed mortgage from Dunavant to Charles Boot is a valid mortgage and first lien on the farm in controversy, in favor of the first holder thereof.”
I approve this finding.(2) “The referee further finds, as a matter of law, that a fiduciary making a sale under an instrument providing for such sale is only authorized to make title upon the payment of the price bid. I…
2Cases cited21 opinions
- Penn v. WhiteheadSupreme Court of Virginia · 1867
- Rogers v. PalmerSupreme Court of the United States · 1880
- Stanley v. . National Union BankNew York Court of Appeals · 1889
- Dierker ex rel. Shoemake v. HessSupreme Court of Missouri · 1873
- Ream v. WatkinsSupreme Court of Missouri · 1858
16 more not listed; retrieve them via the Exa API.
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- Bachner v. Eickhoff & Co.District Court, S.D. New York · 1939