In re Kirtland
U.S. Circuit Court for the District of Southern New York
[In review of the action of the district court of the United States for the Southern district of New York.] This was a petition by Frederick Butter-field, for the review and reversal of an order directing the assignee to sell certain real estate, which the petitioner claimed to own, subject to the right of the bankrupt [Frederick S. Kirtland] to redeem the same by the payment of certain moneys due to the petitioner.
1Opinion of the Court
WOODRUFF, Circuit Judge.(1) There was no want of jurisdiction in the district court to entertain the application for an order of sale and proceed upon such application. Without conceding that the power of the court to proceed in the settlement of the estate of a bankrupt, and the disposition of the property, can be hindered by the absence, in Europe, of one who has a lien thereon, or that such power to sell free of any lien, or subject to the lien, can be so delayed by reason of such absence, it is sufficient, in this-case, to say, that it appears that the petitioner, claiming an interest in…
2Cited by3 opinions
- Southern Loan & Trust Co. v. BenbowDistrict Court, W.D. North Carolina · 1899
- In re PittelkowDistrict Court, E.D. Wisconsin · 1899
- In re MeadDistrict Court, S.D. New York · 1893