Gifford v. Helms
Supreme Court of the United States
Appeal from the Circuit Court of the United States for the Middle District of Tennessee. The facts.are stated in the opinion of the court.
1Opinion of the CourtJustice Clifford
District courts, though constituted courts of bankruptcy, do not possess the power under the twenty-fifth section of the Bankrupt Act to order, in a summary way, the sale of an estate, real or personal, although the same is claimed by the assignee, even though the title to the same is in dispute, if it also appears that the estate in question is in the actual possession of a third person, holding the same as owner, and claiming absolute title to and dominion over the same as his own property, whether derived from the debtor before he was adjudged bankrupt, or from some former owner. Knight v.…
2Cases cited2 opinions
- Smith v. MasonSupreme Court of the United States · 1871
- Knight v. CheneyU.S. Circuit Court for the District of Rhode Island · 1871
3Cited by26 opinions
- Rosenthal v. WalkerSupreme Court of the United States · 1884
- Sessions v. RomadkaSupreme Court of the United States · 1892
- Pinney Dock And Transport Co. v. Penn Central Corp.Court of Appeals for the Sixth Circuit · 1988
- Herget v. Central National Bank & Trust Co.Supreme Court of the United States · 1945
- Pinney Dock & Transport Co. v. Penn Central Corp.Court of Appeals for the Sixth Circuit · 1988
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