McFarlan Carriage Co. v. Wells
Missouri Court of Appeals
Appeal from Pettis Circuit Court. — Sow. George F. Long am,, Judge. (1) The receiver and trustee, took the title to said property as of the date of the filing of the involuntary bankruptcy suit against the said Wells, to-wit, on the 8th day of November, 1900. Bankruptcy Act, 1898, sec. 67a, 70, sub. 4 and 5; In re Pekin Plow Co., 112 Fed. 308; In re Burka, 104 Fed. 326. (2) The bankruptcy court acquires jurisdiction upon the filing of the petition.
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Appeal from Pettis Circuit Court. — Sow. George F. Long am,, Judge. (1) The receiver and trustee, took the title to said property as of the date of the filing of the involuntary bankruptcy suit against the said Wells, to-wit, on the 8th day of November, 1900. Bankruptcy Act, 1898, sec. 67a, 70, sub. 4 and 5; In re Pekin Plow Co., 112 Fed. 308; In re Burka, 104 Fed. 326. (2) The bankruptcy court acquires jurisdiction upon the filing of the petition. This jurisdiction covers the entire subject. It includes the person and subject-matter and all the property of the bankrupt in his possession at…
1Opinion of the CourtSmith, P. J.
This is an action of replevin which was begun to recover the possession of certain wheeled vehicles.
The case may be shortly stated in this way, viz. r. On November 5,1900, the defendant Wells was engaged in carrying on business under the name of the “ Sedalia. Implement Company,” and then had in his possession certain vehicles claimed by the plaintiff — a corporation; that on that day he recognized the title of plaintiff and voluntarily turned over the possession of such vehicles to one Holcomb, agent of plaintiff,, who listed and moved them to another floor of the warehouse. On the morning…
2Cases cited10 opinions
- Mueller v. NugentSupreme Court of the United States · 1902
- Louisville Trust Co. v. ComingorSupreme Court of the United States · 1902
- Dobyns v. MeyerSupreme Court of Missouri · 1888
- In re Pekin Plow Co.Court of Appeals for the Eighth Circuit · 1901
- Johnson v. JeffriesSupreme Court of Missouri · 1860
5 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Goodnough Mercantile Co. v. GallowayOregon Supreme Court · 1906
- Hart v. Emmerson-Brantingham Co.District Court, E.D. Missouri · 1913
- Studebaker Bros. Manufacturing Co. v. Elsey-Hemphill Carriage Co.Missouri Court of Appeals · 1910
- Jones v. State Nat. Bank of GarlandCourt of Appeals of Texas · 1927