American Trust & Savings Bank v. Duncan
Court of Appeals for the Fifth Circuit
Appeal from the District Court of the United States for the Northern District of Alabama; William I. Grubb, Judge. In the matter of„the bankruptcy of George E. Lum. Petition by the American Trust & Savings Bank against Charles K. Duncan, trustee in bankruptcy of George E. Lum, praying that the trustee be directed to pay over to the petitioner the sum of $1,000, recovered by the trustee in an action against the bankrupt’s wife.
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Appeal from the District Court of the United States for the Northern District of Alabama; William I. Grubb, Judge. In the matter of„the bankruptcy of George E. Lum. Petition by the American Trust & Savings Bank against Charles K. Duncan, trustee in bankruptcy of George E. Lum, praying that the trustee be directed to pay over to the petitioner the sum of $1,000, recovered by the trustee in an action against the bankrupt’s wife. From a decree dismissing a petition for the review of the referee’s order dismissing the original petition, petitioner appeals.
1Opinion of the Court
WALKER, Circuit Judge.
The appellee, as trustee in bankruptcy of George E. Lum, filed a hill in the chancery court of Jefferson county, Ala., against the bankrupt and his wife, Carrie E. Lum, alleging that about nine years prior to the bankruptcy certain described real estate was conveyed to the bankrupt’s wife, part of the purchase money for which and part of the cost of valuable improvements thereon were paid with the bankrupt’s money, as a mere gift to his wife, while he was indebted to the American Trust & Savings Bank (hereinafter referred to as the appellant) in a considerable sum,…
2Cases cited2 opinions
- Lockard v. NashSupreme Court of Alabama · 1879
- Cartwright v. WestSupreme Court of Alabama · 1913
3Cited by7 opinions
- Oliver v. BrennanDistrict Court, N.D. California · 1923
- Mullen v. WarnerCourt of Appeals for the Fourth Circuit · 1926
- In Re MooreCourt of Appeals for the Fourth Circuit · 1926
- Dodd v. RainesDistrict Court, N.D. Georgia · 1924
- Farracy v. Irving Trust Co.Court of Appeals for the Fifth Circuit · 1932
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