Legal Opinion

Rogers v. Page

Court of Appeals for the Sixth Circuit

Decided November 6, 1905No. 1,389PublishedCited by 18 opinions

Appeal from the District Court of the United States for the Eastern District of Tennessee. This is a bill by the trustee in bankruptcy of I. B. Merriam to recover the purchase price of k tract of coal land alleged to have been sold and conveyed by the bankrupt to his brother, Thos. Merriam, within four months of bankruptcy, for the purpose of preferring said Thos.

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Appeal from the District Court of the United States for the Eastern District of Tennessee. This is a bill by the trustee in bankruptcy of I. B. Merriam to recover the purchase price of k tract of coal land alleged to have been sold and conveyed by the bankrupt to his brother, Thos. Merriam, within four months of bankruptcy, for the purpose of preferring said Thos. Merriam by the application of the price to the payment of an alleged indebtedness to the purchaser, contrary to the provisions of the bankrupt act. There was a decree holding the application of the purchase price to have been a…

1Opinion of the CourtLurton, Circuit Judge

(after stating the facts). The facts as we find them to be upon the weight of the evidence, necessary to be preliminarily stated, are these:

1. On January 1, 1903, I. B. Merriam, the bankrupt, and C. H. Jarnagin, being joint owners of a tract of coal land situated in Cumberland county, Tenn., joined in a sale, and conveyance of same to Thos. Merriam, a brother of the bankrupt. For the undivided interest of I. B. Merriam, Thos. Merriam agreed to pay $65,000 in money and $20,000 in the stock of the Tennessee. Lumber & Coal Company, a corporation to which Thos. Merriam immediately sold and…

2Cases cited10 opinions

  1. Davis v. SchwartzSupreme Court of the United States · 1895
  2. Humphrey v. TatmanSupreme Court of the United States · 1905
  3. Blennerhassett v. ShermanSupreme Court of the United States · 1882
  4. Hilliard v. CagleMississippi Supreme Court · 1872
  5. Woods v. BonnerTennessee Supreme Court · 1890

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

3Cited by18 opinions

  1. Loeser v. Savings Deposit Bank & Trust Co.Court of Appeals for the Sixth Circuit · 1906
  2. Adams v. ChampionSupreme Court of the United States · 1935
  3. Fisher v. ZollingerCourt of Appeals for the Sixth Circuit · 1906
  4. Claridge v. EvansWisconsin Supreme Court · 1908
  5. Page v. RogersCourt of Appeals for the Sixth Circuit · 1906

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

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