Southern Loan & Trust Co. v. Benbow
District Court, W.D. North Carolina
In Bankruptcy. On petition for restraining order. This is a petition on tlie part oí tlie Southern Loan & Trust Company for an order restraining' and enjoining C. 1’. Frazier, a commissioner appointed by the superior court oí Guilford county.
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In Bankruptcy. On petition for restraining order. This is a petition on tlie part oí tlie Southern Loan & Trust Company for an order restraining' and enjoining C. 1’. Frazier, a commissioner appointed by the superior court oí Guilford county. N. 0., from selling- certain described property of I). W. C. Benbow, who had filed a petition in bankruptcy, and had been duly adjudged a bankrupt on the 5.th day oí April, 1809, Charles J>. Benbow, assignee of the said D. W. C. Benbow, and all agents and attorneys of any of the said parties, from making sale of the said property, or in any way…
1Opinion of the CourtEwart, District Judge
(after stating the facts as above). Am interesting question always arises with respect to how far the jurisdiction of a court of bankruptcy extends to obtain possession of the assets of a bankrupt. In cases of property voluntarily surrendered to *519the trustee, there can he no controversy; hut where the property is in the actual possession oí another court, or an officer thereof, the remedy is not so plain. The rule which has been regarded by the federal courts generally is that, where property is in the actual possession of oik; court of coinxietent jurisdiction, such possession cannot he…
2Cases cited42 opinions
- Peck v. JennessSupreme Court of the United States · 1849
- Freeman v. HoweSupreme Court of the United States · 1861
- In Re TylerSupreme Court of the United States · 1893
- Byers v. McAuleySupreme Court of the United States · 1893
- Booth v. ClarkSupreme Court of the United States · 1855
37 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Van Huffel v. HarkelrodeSupreme Court of the United States · 1931
- Frazier v. Southern Loan & Trust Co.Court of Appeals for the Fourth Circuit · 1900
- Federal Land Bank of Baltimore v. KurtzCourt of Appeals for the Fourth Circuit · 1934
- In re HammondDistrict Court, D. Massachusetts · 1899
- In re KeetDistrict Court, M.D. Pennsylvania · 1903
8 more not listed; retrieve them via the Exa API.