Merry v. Jones
Supreme Court of Georgia
Intervention. Before Judge Spence. Mitchell superior court. March 11,1903. Merry, the trustee in bankruptcy of the Rogers Lumber Company, presented an intervention to the superior court of Mitchell county, averring that on December 5, 1901, the Rogers Lumber Company had been adjudicated a bankrupt in the district court of the United States for the southern district of Georgia; that he was the duly qualified trustee of its estate; that on the-day of-, 1901, A. T. Jones was…
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Intervention. Before Judge Spence. Mitchell superior court. March 11,1903. Merry, the trustee in bankruptcy of the Rogers Lumber Company, presented an intervention to the superior court of Mitchell county, averring that on December 5, 1901, the Rogers Lumber Company had been adjudicated a bankrupt in the district court of the United States for the southern district of Georgia; that he was the duly qualified trustee of its estate; that on the-day of-, 1901, A. T. Jones was appointed receiver of the property of the Rogers Company by the superior court of Mitchell county, on the petition of the…
1Opinion of the CourtLamar, J.
(after stating the foregoing facts.) If under foreclosure proceedings the State court appoints a receiver to take charge of the mortgaged property, and the defendant is subsequently adjudicated a bankrupt, the trustee is not entitled to the possession of the mortgaged property, but can only claim the surplus remaining after the payment of the secured debt. And where the suit was in fact one to foreclose a mortgage, this rule would not be changed, if as an incident to the main purpose the mortgagee went further and also prayed for relief usually incident to State insolvency proceedings. See…
2Cases cited2 opinions
- Pickens v. RoySupreme Court of the United States · 1902
- Carling v. Seymour Lumber Co.Court of Appeals for the Fifth Circuit · 1902
3Cited by14 opinions
- Bloomfield v. Liggett & Myers, Inc.Supreme Court of Georgia · 1973
- Nelson v. SpenceSupreme Court of Georgia · 1907
- Virginia-Carolina Chemical Co. v. RyleeSupreme Court of Georgia · 1913
- Atlanta Flooring & Insulation Co. v. RussellCourt of Appeals for the Fifth Circuit · 1945
- White v. DavisSupreme Court of Georgia · 1910
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