McGready v. Harris
Supreme Court of Missouri
Error to Washington Circuit Court. I. Even if the sale under the deed of trust after the filing of the petition in bankruptcy against the grantor, would not prevent the assignee subsequently appointed from redeeming the premises, the purchaser at such sale acquired the legal title, and is, therefore, entitled to the possession, till the sale be set aside, and the proper party has been permitted to redeem.
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Error to Washington Circuit Court. I. Even if the sale under the deed of trust after the filing of the petition in bankruptcy against the grantor, would not prevent the assignee subsequently appointed from redeeming the premises, the purchaser at such sale acquired the legal title, and is, therefore, entitled to the possession, till the sale be set aside, and the proper party has been permitted to redeem. (Sharman vs. Howell, 49 Ga., 257; Fehley vs. Barr, 66 Penn., 196 ; Bump Bankr., 179, 269, 174, 178, 266, 143 ; In re, Puller 4 B. B., 29; Bowman vs. Harding, 56 Me., 559; Kittredge vs.…
1Opinion of the CourtNapton, Judge
This was an action of ejectment. The plaintiff was the purchaser of the lands sued for, at a sale made in August, 1872, by the trustee under a deed of trust made in 1868. In April 1872 (Apr. 8th) proceedings in bankruptcy had been instituted in the District Court of the United States against the debtor and grantor in the deed of trust, but the trustee, although apprised of such proceedings by the grantor on the day of the sale, proceeded with the sale, and the plaintiff became the purchaser, and the only question is, whether the institution of the proceedings in the U. S. District Court…
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