Legal Opinion

Brumby v. Jones

Court of Appeals for the Fifth Circuit

Decided October 2, 1905No. 1,402PublishedCited by 12 opinions

Petition for Revision of Proceedings of the District Court of the United States for the Northern District of Georgia, in Bankruptcy. Mrs. M. C. Jones, in her own behalf, and as the next friend of Annie L. Jones and J. P. Jones, filed a petition of intervention against John H. Wykle, as trustee in bankruptcy of T. R. Jones and L. S. Mumford, in the District Court of the United States for the Northern District of Georgia.

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Petition for Revision of Proceedings of the District Court of the United States for the Northern District of Georgia, in Bankruptcy. Mrs. M. C. Jones, in her own behalf, and as the next friend of Annie L. Jones and J. P. Jones, filed a petition of intervention against John H. Wykle, as trustee in bankruptcy of T. R. Jones and L. S. Mumford, in the District Court of the United States for the Northern District of Georgia. The allegations of the petition are, in substance, that on October 8, 1890, J. P. Jones died, leaving a will; that T. R. Jones, the bankrupt, accepted the nomination and…

1Opinion of the CourtTourmin, District Judge

In effect, there are only two questions in this case, either of which, if decided in favor of the appellant, will control its decision and require a reversal of the case. These are the questions of jurisdiction, and of the validity of the mortgage of T. R. Jones to T. R. Jones, executor of the estate of J. P. Jones, deceased. The primary object of the petition (which is in the nature of a bill in equity) filed in the case is the annulment of the cancellation of said mortgage.

1. The first question presented for our consideration is as to the jurisdiction of the bankrupt court to hear and…

2Cases cited15 opinions

  1. Bardes v. Hawarden BankSupreme Court of the United States · 1900
  2. Whitney v. WenmanSupreme Court of the United States · 1905
  3. First Nat. Bank of Chicago v. Chicago Title & Trust Co.Supreme Court of the United States · 1905
  4. Younge v. GuilbeauSupreme Court of the United States · 1866
  5. Gould v. DaySupreme Court of the United States · 1877

10 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Sylvan Beach, Inc. v. KochCourt of Appeals for the Eighth Circuit · 1944
  2. In Re Burton Coal Co.Court of Appeals for the Seventh Circuit · 1942
  3. Nixon v. MichaelsCourt of Appeals for the Eighth Circuit · 1930
  4. State Ex Rel. Marquette Hotel Investment Co. v. State Tax CommissionSupreme Court of Missouri · 1920
  5. Smith v. Chase Nat. Bank of City of New YorkCourt of Appeals for the Eighth Circuit · 1936

7 more not listed; retrieve them via the Exa API.

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