In re Hazens
U.S. Circuit Court for the District of Iowa
Petition for review in bankruptcy. On July 25, 1877, Edgell, Chamberlain, & Co. filed a creditor’s petition in bankruptcy against James Hazens, alleging that they were creditors of bis in the sum of $10,608.25, that he had committed aets of bankruptcy, and praying that he be.adjudged a bankrupt.
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Petition for review in bankruptcy. On July 25, 1877, Edgell, Chamberlain, & Co. filed a creditor’s petition in bankruptcy against James Hazens, alleging that they were creditors of bis in the sum of $10,608.25, that he had committed aets of bankruptcy, and praying that he be.adjudged a bankrupt. On August 2, 1877, the debtor filed a plea that “he should not be declared .a bankrupt, because the said petitioners are secured upon their said claim, for that on July 2, 1877, they brought an action by attachment in the state district court of Lee county, Iowa, against him, and on the same day…
1Opinion of the Court
DILLON, Circuit Judge.
Upon the aver-ments of the plea, it must be taken that the property attached fully secured the debt; .and the question is whether an attaching creditor, thus secured, while his attachment remains in full force and effect, can sustain a petition, founded on the same debt, to have his debtor adjudged a bankrupt. Under section 20 of the original bankrupt act [of 1807 (14 Stat. 526)] — Rev. St. § 5075 — the lien created by an attachment is preserved, and unless otherwise defeated, will remain until the proceedings in bankruptcy progress to an assignment, which, when made,…
2Cited by1 opinion
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