Gray v. Arnot
North Dakota Supreme Court
Appeal from the District Court of Walsb County, Kneeshctw, J. Action in claim and delivery to obtain tbe possession of personal property. Judgment for plaintiff. Defendant appeals. Statement of facts by Bruce, J. This is an action in claim and delivery, -which is brought by the trustee in bankruptcy of an insolvent debtor for the possession of certain personal property which he claims belongs to the estate.
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Appeal from the District Court of Walsb County, Kneeshctw, J. Action in claim and delivery to obtain tbe possession of personal property. Judgment for plaintiff. Defendant appeals. Statement of facts by Bruce, J. This is an action in claim and delivery, -which is brought by the trustee in bankruptcy of an insolvent debtor for the possession of certain personal property which he claims belongs to the estate. On the 14th day of February, 1911, Bristol & Sweet Company, a corporation, brought an action in the district court of Cass county against the defendant James P. Johnson, of Grafton, North…
1Opinion of the CourtBruce, J.
(after stating tbe facts as above). There can be no ques*469tion that the defendant in this action can place no reliance on the lien of the attachment nor upon the judgment which was rendered in the action in which the attachment was issued. The language of § 67 of the bankruptcy act of 1898 is too clear to admit of any dispute. It expressly provides that “levies, judgments, attachments, or other liens, obtained through- legal proceedings against a person who is insolvent, at any time within four months prior to the filing of a petition in bankruptcy against him, shall be deemed null and void in…
2Cases cited7 opinions
- In re BealsDistrict Court, D. Indiana · 1902
- Jewett Bros. v. HuffmanNorth Dakota Supreme Court · 1905
- D. C. Wise Coal Co. v. Columbia Lead & Zinc Co.Missouri Court of Appeals · 1907
- Lehman, Stern & Co. v. E. Martin & Co.Supreme Court of Louisiana · 1912
- Northern Shoe Co. v. CeckaNorth Dakota Supreme Court · 1912
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- In Re North Atlantic and Gulf Steamship CompanyDistrict Court, S.D. New York · 1962
- Hoffman v. WebbSupreme Court of Oklahoma · 1925
- Ellis v. FiskeNorth Dakota Supreme Court · 1930
- Sampsell v. GittelmanCalifornia Court of Appeal · 1942
- Ellis v. FiskeNorth Dakota Supreme Court · 1930