Bank of Mendon v. Mell
Missouri Court of Appeals
Appeal from Chariton Circuit Court. — Hon. Fred Lamb, Judge. (1) The court of bankruptcy had no jurisdiction over the- property in question further than to set it out to the bankrupt as his exemptions, and having no jurisdiction to administer the property, the bankruptcy proceedings would not and could not affect any lien against it, except such as are expressly provided for in the Bankruptcy Act.
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Appeal from Chariton Circuit Court. — Hon. Fred Lamb, Judge. (1) The court of bankruptcy had no jurisdiction over the- property in question further than to set it out to the bankrupt as his exemptions, and having no jurisdiction to administer the property, the bankruptcy proceedings would not and could not affect any lien against it, except such as are expressly provided for in the Bankruptcy Act. Collier on Bankruptcy, pp. 185-186; Loveland on Bankruptcy, sec. 179; Lockwood v. Exchange Bank, 190 U. S. 294; Railroad v. Hall, 229 H. S. 511; see also Bankruptcy Act of 1898, sections 67e and…
1Opinion of the CourtEllison, P. J.
This is an action of replevin for a lot of personal property in which the judgment in the circuit court was for the defendant. The cause was submitted to the trial court on an agreed statement of facts, from which it appears that within four months prior to the 13th day of February, 1912, defendant conveyed the property of which that in controversy is. a part, to plaintiff to secure a note for $1478. And that on that day he was adjudged an involuntary bankrupt by the United States District Court. That a trustee was appointed who took charge of defendant’s property, including that claimed by…
2Cases cited6 opinions
- Lockwood v. Exchange BankSupreme Court of the United States · 1903
- Chicago, Burlington & Quincy Railroad v. HallSupreme Court of the United States · 1913
- Vogler v. MontgomerySupreme Court of Missouri · 1874
- Guinan v. DonnellSupreme Court of Missouri · 1907
- Morris v. CoveySupreme Court of Arkansas · 1912
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3Cited by6 opinions
- Shipman v. FitzpatrickSupreme Court of Missouri · 1942
- Gylling v. KjergaardCourt of Appeals for the Eighth Circuit · 1923
- In re WalserDistrict Court, E.D. Missouri · 1927
- U.S. Ex Rel. v. LufcySupreme Court of Missouri · 1932
- Bracewell v. HughesSupreme Court of Iowa · 1931
1 more not listed; retrieve them via the Exa API.