Irby v. Corey

HOLMES, Circuit Judge.

Two questions are presented for decision upon this record; the summary jurisdiction of the bankruptcy court, and the nature of a landlord’s lien for rent in Mississippi. The main facts are agreed upon and the others are not in dispute.

Within four months of the adjudication in bankruptcy, and while the tenant was insolvent, the landlord, in a manner prescribed by law, levied an attachment for rent which had accrued within the past twelve months. By order of the bankruptcy court, the constable, who had taken possession by virtue of a distress warrant issued by a justice of…