Kinder v. Scharff
Supreme Court of the United States
ERROR, TO THE SUPREME COURT OF THE- STATE OF LOUISIANA. The facts, which involve the construction and application of the limitation prescribed by § lid of the Bankruptcy Act of 1808, are stated in the opinion.
1Opinion of the CourtJustice Holmes
This is an action by a trustee in bankruptcy to recover land alleged to have been conveyed by the bankrupt in fraud of creditors. The defendant pleaded that the estate had been closed and that the action was barred by the lapse of two years, under § lid of the Bankruptcy Act, July 1, 1898, c. 541, 30 Stat. 544, 549, and also that he purchased the land for its full value and in good faith. The estate had been closed and the two years had run, but after they had elapsed the former trustee petitioned to have the proceedings reopened on the ground that he had just discovered the facts and that…
2Cases cited5 opinions
- Bailey v. GloverSupreme Court of the United States · 1875
- Wood v. CarpenterSupreme Court of the United States · 1879
- Rosenthal v. WalkerSupreme Court of the United States · 1884
- Waters-Pierce Oil Co. v. Texas (No. 1)Supreme Court of the United States · 1909
- Traer v. ClewsSupreme Court of the United States · 1885
3Cited by26 opinions
- In Re Thomas. Thomas v. LurieCourt of Appeals for the Seventh Circuit · 1953
- In Re SchreiberCourt of Appeals for the Second Circuit · 1928
- Duncan v. WatsonSupreme Court of Alabama · 1916
- Tuffy v. NicholsCourt of Appeals for the Second Circuit · 1941
- In Re ZimmerDistrict Court, S.D. California · 1945
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