Skewis v. Barthell
District Court, N.D. Iowa
In Equity. On plea to the jurisdiction of the court. The bill alleges that John W. Barthell, of Lyon county, this state, was adjudged bankrupt by this court March 12, 1904, and that complainant is the duly appointed trustee of his estate; that on October 31. 1903, the bankrupt was the owner in fee of 180 acres of land in Allamakee county, in this state, and on that date conveyed the same to the défendant, M. J. Barthell, a resident of said Allamakee county, with intent to…
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In Equity. On plea to the jurisdiction of the court. The bill alleges that John W. Barthell, of Lyon county, this state, was adjudged bankrupt by this court March 12, 1904, and that complainant is the duly appointed trustee of his estate; that on October 31. 1903, the bankrupt was the owner in fee of 180 acres of land in Allamakee county, in this state, and on that date conveyed the same to the défendant, M. J. Barthell, a resident of said Allamakee county, with intent to hinder, delay, and defraud the creditors of said bankrupt. The prayer is that the conveyance be set aside, and that…
1Opinion of the CourtReed, District Judge
(after stating the facts). In argument, the sufficiency of the facts alleged in the bill of complaint, as grounds of recovery, was challenged by the defendant; but this goes to the merits, and, if the court has jurisdiction of the suit, the bill might be amended to cure its alleged defects in this respect. The principal question, therefore, is that of the jurisdiction of this court to entertain the suit without the consent of the defendant.
The suit is not brought under section 60b of the bankruptcy act (Act July 1, 1898, c. 541, 30 Stat. 562 [U. S. Comp. St. 1901, p. 3445]), to recover a…
2Cases cited10 opinions
- Bardes v. Hawarden BankSupreme Court of the United States · 1900
- York Manufacturing Co. v. CassellSupreme Court of the United States · 1906
- Ex Parte WisnerSupreme Court of the United States · 1906
- Bryan v. BernheimerSupreme Court of the United States · 1901
- Whitney v. WenmanSupreme Court of the United States · 1905
5 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Rathman v. BoothCourt of Appeals for the Eighth Circuit · 1910
- Palmer v. RoginskyDistrict Court, S.D. New York · 1910