Markson v. Heaney
U.S. Circuit Court for the District of Minnesota
This is a bill in equity filed in the circuit court of the United States for the district of Minnesota, praying for an injunction, and relief. The plaintiffs [Herman Markson and Hugh M. Spaulding] are assignees in bankruptcy of one Antipas Thomas, and bring this bill in that .capacity, alleging themselves to be citizens of the state of Kansas.
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This is a bill in equity filed in the circuit court of the United States for the district of Minnesota, praying for an injunction, and relief. The plaintiffs [Herman Markson and Hugh M. Spaulding] are assignees in bankruptcy of one Antipas Thomas, and bring this bill in that .capacity, alleging themselves to be citizens of the state of Kansas. The defendant [Daniel Heaney] is alleged to be a citizen of Minnesota, which is admitted in the answer to be true, and he was served in that state with process issued upon the bill. From the bill, answer, and exhibits, the following facts appear: On the…
1Opinion of the Court
DILLON, Circuit Judge.
The adjudication of bankruptcy was made by the United States district court for the district of Kansas, where the bankrupt resided. The property mortgaged to the defendant is situate in Indiana; and the defendant himself is a citizen of and resides in Minnesota. He has never proved, or offered to prove, his debt in bankruptcy; but after the proceedings in bankruptcy were instituted, and the assignees appointed, and while those proceedings were pending in the bankruptcy court in Kansas, the defendant commenced and is prosecuting in one of the state courts of Indiana a…
2Cases cited2 opinions
- Sharman v. HowellSupreme Court of Georgia · 1869
- Clark v. BinningerThe Superior Court of New York City · 1870
3Cited by3 opinions
- Cronkleton v. HallCourt of Appeals for the Eighth Circuit · 1933
- In re BenedictDistrict Court, E.D. Wisconsin · 1905
- In re the Estate of VoellerDistrict Court, D. Hawaii · 1902