Legal Opinion

Hall v. Kincell

Court of Appeals for the Ninth Circuit

Decided May 7, 1900No. 583PublishedCited by 2 opinions

Appeal from the District Court of the United States for the Southern District of California. On April 15, 1899. E. J. Kincell, one of the appellees herein, was adjudged a bankruiit by the United States district court for the Southern district of California, under the provisions of the bankruptcy act of July 1, 1898. Thereafter, on May 9, 1899, If. G. Hall, appellant herein, was elected trustee of the estate of said bankrupt.

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Appeal from the District Court of the United States for the Southern District of California. On April 15, 1899. E. J. Kincell, one of the appellees herein, was adjudged a bankruiit by the United States district court for the Southern district of California, under the provisions of the bankruptcy act of July 1, 1898. Thereafter, on May 9, 1899, If. G. Hall, appellant herein, was elected trustee of the estate of said bankrupt. About one month before his adjudication in bankruptcy, the said Kincell conveyed to his wife, Elizabeth Kincell, by deed, certain rca.l property, of the value of about…

1Opinion of the CourtMorrow, Circuit Judge

By the second section of the act of July 1, 1898, entitled “An act to establish a uniform system of bankruptcy throughout the United States” (30 Stat. 544, 545), the district courts of the United States are *302made courts of bankruptcy, aud invested, within their respective territorial limits, with such jurisdiction at law and in equity as will enable them to exercise original jurisdiction in bankruptcy proceedings, in vacation, in chambers, and during their respective terms, — among other things, to—

“(7) Cause the estates of bankrupts to be collected, reduced to money, and distributed, and…

2Cases cited28 opinions

  1. Eyster v. GaffSupreme Court of the United States · 1876
  2. Ex Parte City BankSupreme Court of the United States · 1844
  3. Matter of Cavin v. . GleasonNew York Court of Appeals · 1887
  4. Silsbury & Calkins v. McCoon & ShermanNew York Court of Appeals · 1850
  5. Davis v. BohleCourt of Appeals for the Eighth Circuit · 1899

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3Cited by2 opinions

  1. Perkins v. MarkhamCourt of Appeals for the Ninth Circuit · 1900
  2. In re WardDistrict Court, D. Massachusetts · 1900

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