Legal Opinion

York's Case

U.S. Circuit Court for the District of Louisiana

Decided May 15, 1870PublishedCited by 3 opinions

2 [This was a petition to review certain proceedings in bankruptcy in the district court of Louisiana. Ober, Atwater & Co. claimed first mortgages on two plantations surrendered by the bankrupts, York & Hoover. They obtained an order for the sale of them, and purchased both at the as-signee’s sale. They applied for a rule to confirm the sale, and asked that the proceeds of sale be applied to the extinguishment of. their mortgages.

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2 [This was a petition to review certain proceedings in bankruptcy in the district court of Louisiana. Ober, Atwater & Co. claimed first mortgages on two plantations surrendered by the bankrupts, York & Hoover. They obtained an order for the sale of them, and purchased both at the as-signee’s sale. They applied for a rule to confirm the sale, and asked that the proceeds of sale be applied to the extinguishment of. their mortgages. The Citizens’ Bank and other creditors answered the rule, and alleged that the mortgage of Ober, At-water & Co. on one of the plantations had been extinguished, and…

1Opinion of the Court

WOODS, Circuit Judge.

York & Hoover having been declared bankrupts by the adjudication of the district court, E. E. Norton, their assignee, filed a petition in said district court sitting as a court of bankruptcy, praying for an order to sell two plantations, the property of bankrupts. An order of sale was made, and under it a sale of the plantations, called respectively “White Hall” and “Home,” was made on the sixteenth day of February, 1809, and Ober, one of the creditors, became the purchaser. On a later day in February, 1869, C. H. Slocomb, one of the creditors of York & Hoover, filed his…

2Cited by3 opinions

  1. Coder v. ArtsSupreme Court of the United States · 1909
  2. Hutchinson v. OtisSupreme Court of the United States · 1903
  3. Shefer v. MagoneU.S. Circuit Court for the District of Southern New York · 1891

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