Doe v. Childress
Supreme Court of the United States
Error to the Circuit Court for the Middle District of Tennessee. Doe, lessee of Vaillant, assignee of Montgomery, a bankrupt, brought ejectment against Childress to recover land in Tennessee.
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Error to the Circuit Court for the Middle District of Tennessee. Doe, lessee of Vaillant, assignee of Montgomery, a bankrupt, brought ejectment against Childress to recover land in Tennessee. The question was this: "When attachment proceedings are regularly commenced, a levy made, and the property is in the possession of the sheriff' before the tiling of petition in bankruptcy; — when there is no stay of proceedings or other measures in the bankrupt court to arrest the suit in the State court, there being no fraud, a sale is had under the judgment of the State court, a deed is given by the…
1Opinion of the CourtJustice Hunt
delivered the opinion of the court.. The Tennessee Court of Chancery having jurisdiction of the subject of the proceeding in the attachment suits, no defence being interposed by the assignee, in the State court, and no measures having been taken to arrest their proceedings or to transfer them to the bankrupt court (if power to take sneli steps existed), and there being no fraud proven or alleged, wo are of the opinion that a good title was obtained under the decree of sale made in the State court.
Under the fourteenth section of the Bankrupt Act the title pendente Hie is transferred by…
2Cited by40 opinions
- Metcalf v. BarkerSupreme Court of the United States · 1902
- Hill v. HardingSupreme Court of the United States · 1889
- Hill v. HardingSupreme Court of the United States · 1883
- Conner v. LongSupreme Court of the United States · 1881
- Allard v. EstesMassachusetts Supreme Judicial Court · 1935
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