Austin v. O'Reilly
United States Circuit Court
[Petition of review to revise an order of the district court of the United States for the southern district of Mississippi, sitting in bankruptcy. [In bankruptcy.
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[Petition of review to revise an order of the district court of the United States for the southern district of Mississippi, sitting in bankruptcy. [In bankruptcy. Petition by J. E. Austin against H. E. O’Reilly, assignee of Steele & Co., to have paid to him, as a preference, a claim alleged to be due for the rent of a plantation leased by Austin to Steele & Co. for the year 1871. The petition was refused by the district court in Austin v. O’Reilly, Case No. 664. On petition of review', this decree was reversed.]
1Opinion of the Court
BRADLEY, Circuit Justice.
This case depends on the question, whether, in the state of Mississippi, a landlord, whose tenant becomes a bankrupt before any attachment has been issued for rent, is entitled to priority of payment over the general creditors. This question must be decided in view of the provisions of the bankrupt law’, and the peculiar rights of landlords, in reference to enforcing payment of rent in Mississippi. The bankrupt act (section 14) declares that the assignment shall relate back to the commencement of proceedings in bankruptcy, and that by operation of law, the title to…
2Cited by4 opinions
- In re West Side Paper Co.Court of Appeals for the Third Circuit · 1908
- In re Hays, Foster & Ward Co.District Court, W.D. Kentucky · 1902
- Irby v. CoreyCourt of Appeals for the Fifth Circuit · 1938
- Jones v. FordCourt of Appeals for the Eighth Circuit · 1918