Austin v. O'Reilly
District Court, S.D. Mississippi
[In bankruptcy. Petition by J. E. Austin against H. E. O’Reilly, assignee of Steele & Co., to have paid to him, as a preference, a claim alleged to be due for the rent of a plantation leased by Austin to Steele & Co. for the year 1871. Petition refused. On petition of review, the circuit court reversed this decree, in Austin v. O’Reilly, Case No. 665.]
1Opinion of the Court
HILL, District Judge.
The question presented for decision, arises upon the petition of said Austin to have paid to him as a preference a claim of one thousand eight hundred dollars, claimed to be due for the rent of a plantation leased by him to the bankrupts, Steele & Co., for the year 1871, and upon which it is alleged there was remaining upon the plantation at the time of the adjudication of bankruptcy, crops, mules and other property, more than sufficient to pay said sum, which have been sold by the assignee, and the proceeds thereof now in his hands. To this application the assignee…
2Cases cited2 opinions
- Stamps v. Gilman & Co.Mississippi Supreme Court · 1871
- Marye v. John T. Dyche, Gates, Gillespie & Co.Mississippi Supreme Court · 1869