Ableman v. Conoway

Layton, C. J.,

delivering the opinion of the Court:

The theory of the petitioner is, that it was the absolute duty of the Sheriff to have in hand the proceeds of the sale of the debtor’s property at the return day of the writ of execution under which it was sold; that under Section 67/ of the Bankruptcy Act, as amended, 11 U. S. C. A., § 107 (f), the levy made by the Sheriff against the debtor’s property was void as against him, the trustee, it having been made within four months of the filing of the petition in bankruptcy against the execution debtor; that he, upon his appointment as trustee,…