Buckingham v. Estes
Court of Appeals for the Sixth Circuit
Appeal from the District Court of the United States for the Western District of Tennessee. In Bankruptcy. The appellee, the wife of Z. N. Estes, a bankrupt, filed her petition in the bankruptcy proceeding for the purpose of enforcing a resulting trust in a certain parcel of land which the trustee in bankruptcy was about to sell as the property of the bankrupt, and also for the purpose of recovering against the bankrupt’s estate the rent received from said land by the…
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Appeal from the District Court of the United States for the Western District of Tennessee. In Bankruptcy. The appellee, the wife of Z. N. Estes, a bankrupt, filed her petition in the bankruptcy proceeding for the purpose of enforcing a resulting trust in a certain parcel of land which the trustee in bankruptcy was about to sell as the property of the bankrupt, and also for the purpose of recovering against the bankrupt’s estate the rent received from said land by the bankrupt as trustee for the sole and separate use of his wife, the petitioner. The bankrupt trustee and the bankrupt were made…
1Opinion of the CourtEurton, Circuit Judge
The trustee has entered a motion here to dismiss the petition of Mrs. Estes, the appellee, because she is a married woman, and can*586not sue'in her own name without the intervention of a trustee or next friend. Without regard to the merits of this motion, such an objection cannot for the first time be taken upon appeal. Rankin v. Warner, 2 Lea, 302. No objection was taken below, and no en-or has been assigned. The motion is therefore denied.
He has also moved to dismiss her suit because her husband, the bankrupt, who was made party, did not answer, and no decree pro cpnfesso- was taken. This is…
2Cases cited8 opinions
- Story v. LivingstonSupreme Court of the United States · 1839
- Hutchinson v. OtisSupreme Court of the United States · 1903
- Furrer v. FerrisSupreme Court of the United States · 1892
- Camden v. StuartSupreme Court of the United States · 1892
- Carey v. BrownSupreme Court of the United States · 1875
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3Cited by18 opinions
- Sun Basin Lumber Co., Inc. v. United StatesCourt of Appeals for the Ninth Circuit · 1970
- McCandless v. FurlaudSupreme Court of the United States · 1934
- Larson v. First State BankCourt of Appeals for the Eighth Circuit · 1927
- Powell v. LeavittCourt of Appeals for the First Circuit · 1907
- In Re FantDistrict Court, W.D. South Carolina · 1927
13 more not listed; retrieve them via the Exa API.