Gilbert v. Priest
New York Supreme Court
THE plaintiffs' are the assignees in bankruptcy of Melancthon Inman, a bankrupt. This action is brought to set aside a deed from said Inman and wife to Hiram Priest, as being in fraud of the bankrupt law. The deed was dated January 18, 1871. The consideration expressed in it is $6,680. Inman was declared a bankrupt on the 28th of February, 1871, and the plaintiffs were appointed assignees on the 31st of March, of the same year.
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THE plaintiffs' are the assignees in bankruptcy of Melancthon Inman, a bankrupt. This action is brought to set aside a deed from said Inman and wife to Hiram Priest, as being in fraud of the bankrupt law. The deed was dated January 18, 1871. The consideration expressed in it is $6,680. Inman was declared a bankrupt on the 28th of February, 1871, and the plaintiffs were appointed assignees on the 31st of March, of the same year. The register assigned to the plaintiffs on the 3d of April following. Inman was shown to be insolvent when the proceedings in bankruptcy were commenced. The court…
1Opinion of the Court
By the Court, Mttlliw, P. J.
The ground mainly relied on to defeat the plaintiffs’ recovery and to reverse the judgment is, that the court had not jurisdiction to hear and determine said action; that it could be prosecuted only in the courts of the United States.
The question is an exceedingly interesting and important one, as are all questions involving the relations of the States and the federal government.
While on the one hand the courts of the States should not refuse to entertain jurisdiction of cases which rightfully belong to them, so on the other hand, they should scrupulously avoid…
2Cases cited5 opinions
- Martin v. Hunter's LesseeSupreme Court of the United States · 1816
- Brooks v. StolleyU.S. Circuit Court for the District of Ohio · 1845
- Winslow v. . ClarkNew York Court of Appeals · 1872
- Ogden & Thomas v. JacksonNew York Supreme Court · 1806
- Winslow v. ClarkNew York Supreme Court · 1870
3Cited by6 opinions
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- Hall v. WagerU.S. Circuit Court for the District of Western Wisconsin · 1871
- Payson v. DietzU.S. Circuit Court for the District of Iowa · 1873
- San Antonio & Aransas Pass Railway Co. v. BlairTexas Supreme Court · 1917
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