Legal Opinion

In re Dillard

U.S. Circuit Court for the District of Eastern Virginia

Decided October 15, 1873PublishedCited by 7 opinions

Certain creditors of the bankrupt [George Wr. Dillard,] have made application to the supervisory jurisdiction of the circuit court in this case, for a reversal of a decree of the •district court sitting in bankruptcy, allowing a homestead exemption to the bankrupt. [Case unreported.] There are several cases •submitted, the facts agreed upon being the same, or nearly so, in all of them.

Read the full summary

Certain creditors of the bankrupt [George Wr. Dillard,] have made application to the supervisory jurisdiction of the circuit court in this case, for a reversal of a decree of the •district court sitting in bankruptcy, allowing a homestead exemption to the bankrupt. [Case unreported.] There are several cases •submitted, the facts agreed upon being the same, or nearly so, in all of them. The opinion of the court is expected to decide all the questions which arise in the cases submitted, whether they are to be found in the case immediately at bar or not. The agreed statement of facts is as…

1Opinion of the Court

BOND, Circuit Judge.

Upon this statement of facts the circuit court is asked to reverse the decree of the district court allowing the bankrupt a homestead exemption. 1st. Because the bankrupt court has no jurisdiction over the real estate of the bankrupt, which at the time of his application or of the-petition in involuntary bankruptcy, was decreed to be sold by a state court for the benefit of the. creditors holding liens upon it. With this view we do not agree. It is the right of the bankrupt court, by reason of its exclusive jurisdiction in matters of bankruptcy, to take possession of the…

2Cited by7 opinions

  1. In re GoldsmithDistrict Court, N.D. Texas · 1902
  2. In re MayerCourt of Appeals for the Seventh Circuit · 1901
  3. In Re BradfordDistrict Court, D. Maryland · 1934
  4. Peoples National Bank v. MaxsonSupreme Court of Iowa · 1915
  5. In re CogleyDistrict Court, N.D. Iowa · 1901

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API