Scott v. Wilkie.
Supreme Court of North Carolina
This was an action of Replevin, brought under the old system, tried upon a case argued before Clarke, J., at Spring Term, 1871, of Jones Superior Court. After suit was brought, the plaintiff on his own petition was adjudged a bankrupt, and the’aesignee in bankruptcy set apart to plaintiff, among the articles of property exempted, the animal in question.
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This was an action of Replevin, brought under the old system, tried upon a case argued before Clarke, J., at Spring Term, 1871, of Jones Superior Court. After suit was brought, the plaintiff on his own petition was adjudged a bankrupt, and the’aesignee in bankruptcy set apart to plaintiff, among the articles of property exempted, the animal in question. Upon this state of facts, defendant’s counsel moved to non-suit the plaintiff, which motion was refused, and upon the facts agreed, the Court rendered judgment against the-defendant. Appeal. A decree of Bankruptcy divests a bankrupt of all'his…
1Opinion of the CourtBoyden, J.
There is no error. Section 149, the Bankrupt Law provides, “ that as soon as the assignee is appointed and qualified, the Judge, or where there is no opposing interest, the Register, shall by an instrument under his hand, assign and convey to the assignee, all the estate real and personal of the Bankrupt, &c., and thereupon by operation by law, the title to all such property and estate, both real and personal, shall vest in the assignee, &c., Provided however: that there shall be excepted from the operation of the provisions of this section, the necessary household and kitchen furniture, and…
2Cited by2 opinions
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- Towle v. DavenportSupreme Court of New Hampshire · 1876