Legal Opinion

Gray v. Gudger

Court of Appeals for the Fifth Circuit

Decided November 10, 1919No. 3369PublishedCited by 2 opinions

Petition to Superintend and Revise Proceedings of the District Court of the United States for the Northern District of Georgia; William T. Newman, Judge. In the matter of the bankruptcy of R. T. Gray. Petition by R. M. Gudger and another against W. G. Gray, wherein petitioners prayed to be placed in possession of a life estate, which the bankrupt claimed to have conveyed to defendant, his son W. G. Gray.

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Petition to Superintend and Revise Proceedings of the District Court of the United States for the Northern District of Georgia; William T. Newman, Judge. In the matter of the bankruptcy of R. T. Gray. Petition by R. M. Gudger and another against W. G. Gray, wherein petitioners prayed to be placed in possession of a life estate, which the bankrupt claimed to have conveyed to defendant, his son W. G. Gray. There was an order in favor of petitioners, and defendant petitions to superintend and revise.

1Opinion of the Court

FOSTER, District Judge.

In this case it appears from the allegations of a petition of respondents to the District Court that R. T. Gray, bankrupt, failed to schedule a life estate in a certain lot of land in Murray county, Ga., but it was nevertheless advertised and sold by the trustee at public auction to respondents. Not obtaining possession, in due course respondents filed a petition in the District Court alleging the purchase by them of the said life estate; that they found the bankrupt, R. T. Gray in possession; that he refused to surrender it; that in proceedings instituted to force him…

2Cases cited1 opinion

  1. Mueller v. NugentSupreme Court of the United States · 1902

3Cited by2 opinions

  1. Peterson v. Johnson Nut Co.Supreme Court of Minnesota · 1939
  2. Hollywood Plays, Inc. v. Columbia Pictures Corp.New York Court of Appeals · 1949

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