Rathman v. Booth
Court of Appeals for the Eighth Circuit
Appeal from the District Court of the United States for the District of South Dakota. In the matter of the estate of William T. Harvey, bankrupt. Petition by Frederick W. Rathman, trustee, against Maud Booth, administratrix of the estate of J. S. Booth, for rule to show cause, judgment for defendant, and petitioner appeals.
1Opinion of the Court
SANBORN, Circuit Judge.
Has the United States District Court sitting in bankruptcy jurisdiction against the objection of a respondent who is in possession of real and personal property under a sale pursuant to a decree of a state court of foreclosure of mortgages that were made by the mortgagor more than four months before the petition in bankruptcy against him was filed, to adjudicate summarily on an order to show cause, the claim of the trustee in bankruptcy that the mortgages, the decree, and the sale were void, that the trustee recover of the respondent the value of the personal property…
2Cases cited48 opinions
- Mueller v. NugentSupreme Court of the United States · 1902
- Bardes v. Hawarden BankSupreme Court of the United States · 1900
- Metcalf v. BarkerSupreme Court of the United States · 1902
- York Manufacturing Co. v. CassellSupreme Court of the United States · 1906
- In Re Watts and SachsSupreme Court of the United States · 1903
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3Cited by66 opinions
- May v. HendersonSupreme Court of the United States · 1925
- The Inter-State National Bank of Kansas City v. Frank Luther, Trustee, Matter of Garden Grain & Seed Company, Inc., BankruptCourt of Appeals for the Tenth Circuit · 1955
- Tube City Mining & Milling Co. v. OttersonArizona Supreme Court · 1914
- Gamble v. DanielCourt of Appeals for the Eighth Circuit · 1930
- In re Locust Bldg. Co.Court of Appeals for the Second Circuit · 1924
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