Jones v. Springer
New Mexico Supreme Court
Appeal from the District Court for Colfax County, before Willtam J. Mills, Chief Justice. The dredge sold was not perishable property within the meaning of Section 2716, Compiled Laws, 1897. Mosher v. Bay Circuit Judge, 108 Michigan, 578, 66 N. W. Bep. 478; Oneida National Bank v. Paldi, 2 Michigan N. P. 221; Newman v. Kane, 9 Nev. 234; Goodman v. Moss, 64 Miss. 303, 1 So. Bep. 241; Weis et al v. Basket, 71 Miss. 771, 15 So.
Read the full summary
Appeal from the District Court for Colfax County, before Willtam J. Mills, Chief Justice. The dredge sold was not perishable property within the meaning of Section 2716, Compiled Laws, 1897. Mosher v. Bay Circuit Judge, 108 Michigan, 578, 66 N. W. Bep. 478; Oneida National Bank v. Paldi, 2 Michigan N. P. 221; Newman v. Kane, 9 Nev. 234; Goodman v. Moss, 64 Miss. 303, 1 So. Bep. 241; Weis et al v. Basket, 71 Miss. 771, 15 So. Bep. 659, Young v. Kellar, 94 Mo. 581. The jurisdiction of the Bankruptcy Court is exclusive. Bankruptcy Act of 1898, sects. 2 and 70; In re Watts & Sachs, 190 TJ. S. 1,…
1Opinion of the Court
OPINION OF THE COURT.
MANN, J.
The question of law involved is, whether .or not Charles Springer is a bona fide purchaser for value, within the meaning of the proviso in paragraph f of Sec. 67, of the Bankruptcy Act, 30 Stat. L. 565; 1 Fed. St. Am. 693.. The answer to this question depends upon whether or not the trial court in the attachment case had authority to order the sale and if such authority existed, whether or not Springer was a purchaser for value in good faith, and without notice or reasonable cause for inquiry, as to the bankruptcy proceedings.
The statute under which the dredge was…
2Cases cited4 opinions
- Clarke v. LarremoreSupreme Court of the United States · 1902
- Young v. KellarSupreme Court of Missouri · 1887
- McCreery & Co. v. Berney National BankSupreme Court of Alabama · 1896
- Buller v. WoodsMissouri Court of Appeals · 1891
3Cited by3 opinions
- Pueblo v. VázquezSupreme Court of Puerto Rico · 1915
- People v. VázquezSupreme Court of Puerto Rico · 1915
- The AdelineDistrict Court, N.D. Florida · 1918