In re Gerdes
District Court, S.D. Ohio
In Bankruptcy. On the 19th day of March, 1899, J. K. Pruden brought suit in the court of common pleas of Shelby county, Ohio, against John H. Gerdes, the bankrupt, to foreclose a mortgage on real estate, given by Gerdes to Pruden on the 17th day of November; 1897. The Citizens’ Bank of Sidney, Ohio, and the Shelby County Building & Loan Association, who had mortgages upon the same property, were also made defendants.
Read the full summary
In Bankruptcy. On the 19th day of March, 1899, J. K. Pruden brought suit in the court of common pleas of Shelby county, Ohio, against John H. Gerdes, the bankrupt, to foreclose a mortgage on real estate, given by Gerdes to Pruden on the 17th day of November; 1897. The Citizens’ Bank of Sidney, Ohio, and the Shelby County Building & Loan Association, who had mortgages upon the same property, were also made defendants. The Citizens’ Bank of Sidney made default, but the Shelby County Building c% Loan Association filed an answer setting up its mortgage and the amount due thereon, and, without…
1Opinion of the Court
THOMPSON, District Judge.
Oourts of bankruptcy have jurisdiction to sell all real and personal property belonging to the bankrupt's estate. Bankr. Act, § 70, pars, b, c; General Orders in Bankruptcy 13 (32 O. C. A. xvii., 89 Fed. vii.). If the real estate be incumbered by liens, tbe liens may be redeemed, or the property sold subject thereto. Forms in Bankruptcy, 43, 44 (32 O. C. A. Ixxiii., Ixxiv., 89 Fed. xlix., 1.). But if the trustee desires to sell the real estate free of liens, without redemption, he must give the lienholders their day in court, because they are entitled to he heard…
2Cases cited3 opinions
- Moran v. SturgesSupreme Court of the United States · 1894
- Rio Grande Railroad v. GomilaSupreme Court of the United States · 1889
- Hicks v. KnostDistrict Court, S.D. Ohio · 1899
3Cited by5 opinions
- Straton v. NewSupreme Court of the United States · 1931
- In re RohrerCourt of Appeals for the Sixth Circuit · 1910
- Tucker v. Crown CorporationSupreme Court of Florida · 1938
- In re Macon Sash, Door & Lumber Co.District Court, S.D. Georgia · 1901
- Duncan v. FoxDistrict Court, S.D. Florida · 1924