In re McKenna
District Court, W.D. Tennessee
Petition by the assignee in bankruptcy stating that, at the date of the petition in bankruptcy, the wife of the bankrupt was the owner of certain lands of which she and the bankrupt were then in possession ; that children were born of the marriage, and pending the proceedings in bankruptcy the wife had died; that the bankrupt had not put into his schedule his interest in this land, and was now in possession, claiming his life estate by the curtesy, and in enjoyment of the…
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Petition by the assignee in bankruptcy stating that, at the date of the petition in bankruptcy, the wife of the bankrupt was the owner of certain lands of which she and the bankrupt were then in possession ; that children were born of the marriage, and pending the proceedings in bankruptcy the wife had died; that the bankrupt had not put into his schedule his interest in this land, and was now in possession, claiming his life estate by the curtesy, and in enjoyment of the rents and profits. The prayer of the petition is that the bankrupt be required to deliver possession to the assignee; that…
1Opinion of the Court
Hammond, D. J.
The proviso to the act repealing the bankruptcy-laws makes ample provision for continuing the jurisdiction of the court over all cases pending at the time of the repeal; and there is no force in the objection that the court has no jurisdiction “since the repeal of the act to establish a uniform system of bankruptcy.” Act June 7, 1878, c. 160, (20 St. 99;) Re Richardson, 2 Story, 571; Re Ankrim, 8 McL. 285; Carr v. Hilton, 1 Curt. 231; Re King, 3 Fed. Rep. 839; Re Hyde, 6 Fed. Rep. 587. That a petition like that filed in this cause is the proper remedy for the assignee, and not a…
2Cases cited35 opinions
- Comegys v. VasseSupreme Court of the United States · 1828
- Hesseltine v. McLaughlinWashington Supreme Court · 1892
- Hatfield v. . SnedenNew York Court of Appeals · 1873
- In re RichardsonU.S. Circuit Court for the District of Massachusetts · 1843
- Walsh v. YoungMassachusetts Supreme Judicial Court · 1872
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