Lazear v. Porter
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term, 1878, No. 206. Amicable action of assumpsit -by W. D. Porter, assignee in bankruptcy of S. B. W. Gill, against Charlotte O. Lazear, wherein a case was stated for the opinion of the court, as follows:— On the 28th of November 1877, S. B. W. Gill, Esq., was duly adjudged a bankrupt by the District Court of the United States, for the Western District of Pennsylvania, upon creditors’…
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Error to the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term, 1878, No. 206. Amicable action of assumpsit -by W. D. Porter, assignee in bankruptcy of S. B. W. Gill, against Charlotte O. Lazear, wherein a case was stated for the opinion of the court, as follows:— On the 28th of November 1877, S. B. W. Gill, Esq., was duly adjudged a bankrupt by the District Court of the United States, for the Western District of Pennsylvania, upon creditors’ petition; and W. D. Porter, the plaintiff, was afterward duly appointed assignee of the estate of said bankrupt, which…
1Opinion of the CourtJustice Trunkey
The question presented is, does a sale of the lands of a bankrupt by the assignee divest dower of the bankrupt’s wife ?
By operation of law the title of the bankrupt’s real estate is vested in the assignee from the date of the commencement of the proceedings in bankruptcy: Rev. Stat. U. S., § 5044. The assignee shall sell the unencumbered real estate on such terms as he thinks most for the interest of the creditors: Rev. Stat. U. S., § 5062. He shall have authority, under the direction of the court, to redeem or discharge any mortgage or lien upon the real estate, or to sell the same subject…
2Cases cited6 opinions
- Kennedy v. NedrowSupreme Court of the United States · 1789
- Graff v. Smith's AdministratorsSupreme Court of the United States · 1789
- Keller v. MichaelSupreme Court of Pennsylvania · 1798
- Ruby v. GlennSupreme Court of Pennsylvania · 1836
- Worcester v. ClarkSupreme Court of Pennsylvania · 1853
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Mills v. RitterSupreme Court of Pennsylvania · 1900
- McVay's EstateSupreme Court of Pennsylvania · 1918
- In re ChotinerDistrict Court, W.D. Pennsylvania · 1914
- In re KligermanDistrict Court, E.D. Pennsylvania · 1918