In re Cooper
District Court, E.D. Michigan
On petition of assignee for an injunction restraining the prosecuting of a suit in the state court. The petition set forth that, on the 20th day of April, 1875, the bankrupt [Abram Cooper] executed to Grove & Whitney a chattel mortgage upon his undivided one-half interest in certain machinery and fixtures, these being his principal assets; that the actual indebtedness to Grove & Whitney did not exceed one-half the nominal amount secured by the mortgage; that on the 3d day of…
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On petition of assignee for an injunction restraining the prosecuting of a suit in the state court. The petition set forth that, on the 20th day of April, 1875, the bankrupt [Abram Cooper] executed to Grove & Whitney a chattel mortgage upon his undivided one-half interest in certain machinery and fixtures, these being his principal assets; that the actual indebtedness to Grove & Whitney did not exceed one-half the nominal amount secured by the mortgage; that on the 3d day of July, 1876, petitioner made a conditional private sale of said half-interest to Alfred Wise, receiving therefor certain…
1Opinion of the Court
BROWN. District Judge.
The assignee having sold the property without an order of court directing a sale free of encumbrances, conveyed simply the interest of the bankrupt, subject to the lien of the mortgage. Kelly v. Strange [Case No. 7,676]; In re Mebane [Id. 9,380]; In re McClellan [Id. 8,694]; Second Nat. Bank v. State Nat. Bank [10 Bush (73 Ky.1 367]; Ray v. Brigham [23 Wall. (90 U. S.) 128]; Wicks v. Perkins [Case No. 17,615]. If the assignee had desired to test the validity of the mortgage, he should have petitioned the court, upon notice to the mortgagee, for an order to sell the…
2Cases cited5 opinions
- Douglas v. St. Louis Zinc Co.Supreme Court of Missouri · 1874
- T. Whitridge v. . A. P. TaylorSupreme Court of North Carolina · 1872
- Cole v. DuncanIllinois Supreme Court · 1871
- Meeks v. WhatleyMississippi Supreme Court · 1873
- King v. BowmanSupreme Court of Louisiana · 1872
3Cited by1 opinion
- In re LitchfieldDistrict Court, E.D. Michigan · 1882