Bray v. Staples
Court of Appeals for the Fourth Circuit
Appeal from the Circuit Court of the United States for the Western District of North Carolina, at Greensboro. Suit by the Guardian Trust & Deposit Company of Maryland against the Greensboro Water Supply Company, in which B. J. Fisher intervened to establish a judgment recovered in the state courts as a prior claim against the assets of the Water Supply Company, to bonds secured by mortgage on the company’s plant, etc.
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Appeal from the Circuit Court of the United States for the Western District of North Carolina, at Greensboro. Suit by the Guardian Trust & Deposit Company of Maryland against the Greensboro Water Supply Company, in which B. J. Fisher intervened to establish a judgment recovered in the state courts as a prior claim against the assets of the Water Supply Company, to bonds secured by mortgage on the company’s plant, etc. A judgment having been rendered sustaining such claim, the amount of the judgment aftes1 the death of Fisher was, under order of the Circuit Court, paid to C. A. Bray, trustee…
1DissentDayton, District Judge
I very reluctantly dissent. I cannot reconcile myself to the conclusion that the court below had jurisdiction in the premises.
As I view this record, it is beyond all question that, by decree of July 18, 1901, the receiver’s sale of the waterworks company’s plant was confirmed, and -all persons claiming “any right, title, or interest in or lien upon the propertjr sold” were required to present their claims or demands within 60 days or be barred thereof; that by decree of September 3,1901, this sale was again confirmed, and the $75,000 purchase money was directed to be substituted for the…
2Cases cited21 opinions
- Forgay v. ConradSupreme Court of the United States · 1848
- Bronson v. SchultenSupreme Court of the United States · 1882
- St. Louis, Iron Mountain & Southern Railroad v. Southern Express Co.Supreme Court of the United States · 1883
- Grant v. Phoenix Ins. Co.Supreme Court of the United States · 1882
- Fowler v. Lewis's Adm'rWest Virginia Supreme Court · 1892
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