In re Darwin
Court of Appeals for the Sixth Circuit
Petition to Review an Order of the District Court of the United States for the Southern Division of the Eastern District of Tennessee.
Read the full summary
Petition to Review an Order of the District Court of the United States for the Southern Division of the Eastern District of Tennessee. The case was submitted on the following facts: On October 24, 1893, Carney Bros, recovered judgment against John Gollahon, the bankrupt, in the supreme court at Knoxville, Tenn., for the sum of $261.S5 and costs, amounting to $33.66. An alias execution on this judgment was issued by the clerk of the supreme court September 6, 1900| tested the first day of the preceding term, to wit, the second Monday in September, 1899, which came to the hands of the sheriff…
1Opinion of the CourtDay, Circuit Judge
Section 67 of the bankruptcy act provides:
“That all levies, judgments, attachments or other liens, obtained through legal proceedings against a person who is insolvent, at any time within four months prior to the filing of a petition in bankruptcy against him, shall be deemed null and void in case he is adjudged a bankrupt, and the property affected by the levy, judgment, attachment or other lien, shall be deemed wholly discharged and released from the same.”
Under this section the question presented is, when did the lien of the levy attach'to the property in such sense that it may be said to…
2Cases cited1 opinion
- Edwards v. ThompsonTennessee Supreme Court · 1887
3Cited by3 opinions
- Morgan Engineering Co. v. Alliance Mach. Co.Court of Appeals for the Sixth Circuit · 1909
- In re SchowDistrict Court, D. Connecticut · 1914
- Farrell v. W. B. Lockett & Co.Tennessee Supreme Court · 1905