Bentley v. Wells

We held, in Cole v. Duncan, 58 Ill. 176, that a petition in bankruptcy by a mortgagor, .and a decree declaring him a bankrupt, would not prevent the State courts from taking jurisdiction of a bill to foreclose a mortgage. A similar question is presented by this record. Here, the mortgagee of personal property took possession, under his mortgage, of the mortgaged property, and the assignee in bankruptcy brought against him this action of replevin. The mortgage was made by one Lincoln, September 28, 1868, and on the 18th of December thereafter" Lincoln filed his petition in bankruptcy. The…