Buttz v. James
North Dakota Supreme Court
Appeal from the District Court of Benson County, Cowan, J. Action to set aside a conveyance of real estate as an unlawful preference under the Federal bankruptcy act. Judgment for defendant. Plaintiff appeals. Statement of facts by Bruce, J. This is an action brought by the trustee of a bankrupt estate to set aside a conveyance of some 520 acres of land which was made by the debtor in bankruptcy, and to recover the same for the creditors of the estate.
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Appeal from the District Court of Benson County, Cowan, J. Action to set aside a conveyance of real estate as an unlawful preference under the Federal bankruptcy act. Judgment for defendant. Plaintiff appeals. Statement of facts by Bruce, J. This is an action brought by the trustee of a bankrupt estate to set aside a conveyance of some 520 acres of land which was made by the debtor in bankruptcy, and to recover the same for the creditors of the estate. The plaintiff alleges that the petition in bankruptcy was filed by the debtor on the 27th day of August, 1908, and that: (3) “As the plaintiff…
1Opinion
On Petition for Rehearing.
Bruce, J.
Counsel for respondent files a petition for a rehearing in this case on which he asserts that this court has in its principal opinion entirely overlooked the second and third points:
“Second. That the appellant did not prove (a) that the grantor was insolvent at the time the transfer was made, or (b) that the grantee had reasonable cause to believe it was intended to give a preference.
“Third. That the question of a preference was not within the issues presented by the pleadings, nor a theory on which the case was tried in the district court.”
He also states…
2Cases cited5 opinions
- Bush v. Export Storage Co.U.S. Circuit Court for the District of Eastern Tennessee · 1904
- Hackney v. Raymond Bros. Clarke Co.Nebraska Supreme Court · 1903
- In re Docker-Foster Co.District Court, E.D. Pennsylvania · 1903
- Utah Ass'n of Credit Men v. Boyle Furniture Co.Utah Supreme Court · 1911
- Bank of State of N.Y. v. . South. Nat. BankNew York Court of Appeals · 1902