Briggs v. Stephens
District Court, N.D. New York
In bankruptcy. This case came before the court on the petition of William S. Briggs, setting forth the following facts, viz.: That upon the petition of the said Briggs, filed October 20, 1842, Gideon Stephens was, on the 8th of March, 1843, decreed a bankrupt.
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In bankruptcy. This case came before the court on the petition of William S. Briggs, setting forth the following facts, viz.: That upon the petition of the said Briggs, filed October 20, 1842, Gideon Stephens was, on the 8th of March, 1843, decreed a bankrupt. On the 10th of January, 1843, a judgment was recovered by Archibald Stephens,' in the supreme court of this state, for $6,000. On the 12th of June last, the assignee of the bankrupt sold his real estate, including a valuable farm of about 232 acres, which was purchased by the petitioner. On the 3d of April last, the said Archibald…
1Opinion of the Court
CONKLING, District Judge.
If the petitioner has stated1 the facts of his case truly, he unquestionably has a valid title to the farm in question; and if these facts had been fully made known to the supreme court, on an application for a re-sale, by Archibald Stephens, that court would have seen, that having elected to prove his judgment as a debt against the bankrupt, he had thereby surrendered his judgment as a lien on the lands of the bankrupt; and his application would, doubtless, have been denied. The fifth section of the bankrupt act is perfectly explicit on this point. But admitting that…
2Cited by1 opinion
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