In re Hufnagel
District Court, E.D. Michigan
Upon the petition of George O. Robinson for an order to realize balance for rent out of the proceeds of certain notes and accounts in his hands, and also for the payment of the rent of certain stores, while the same were in possession of the bankrupt ■ court. The facts are substantially as follows: First.
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Upon the petition of George O. Robinson for an order to realize balance for rent out of the proceeds of certain notes and accounts in his hands, and also for the payment of the rent of certain stores, while the same were in possession of the bankrupt ■ court. The facts are substantially as follows: First. On the 13th of November, 1874 [Peter] Huf-nagel was indebted to Robinson on a judgment in the superior court of Detroit, for rent to November 1,1874, in the sum of three hundred and twenty-two dollars and eighty-five cents, exclusive of costs; Hufnagel also owed him for rent from November…
1Opinion of the Court
BROWN, District Judge.
It is claimed by the assignee, that the petitioner had no right, after proceedings in bankruptcy had been instituted, to sell the bankrupt’s property upon his execution against him. No question is made with regard to the validity of the judgment which was obtained on the 12th of November. Execution was thereupon issued and levied on the 31st day of December, twenty-seven days before the proceedings-in bankruptcy were commenced, and receipt taken by the sheriff from a third party for the property seized.
First It is well settled that an adjudication of bankruptcy sweeps…
2Cases cited5 opinions
- Chapman v. . the City of BrooklynNew York Court of Appeals · 1869
- Bosler v. KuhnSupreme Court of Pennsylvania · 1844
- Stuart v. Hines & EamesSupreme Court of Iowa · 1871
- Lansing v. PrendergastNew York Supreme Court · 1812
- Hendricks v. JudahNew York Supreme Court · 1804