Blair v. Brailey

Citations

• 221 F. 1
• 136 C.C.A. 524
• 1915 U.S. App. LEXIS 1279

Syllabus

<p>1. Bankruptcy <£=>191—Property in Possession of Receivers—“Levy”— Refect of Subsequent Adjudication.</p> <p>Taking possession of the property of a corporation by a court through its receivers in a creditors' suit constitutes a “levy,” within the meaning of Bankr. Act July 1, 1898, e. 541, § 67f, '30 Stat. 569 (Comp. St. 1913, § 9051), and is rendered void by said section iu case the defendant is adjudged bankrupt.within four months, ?>ut not otherwise; and where receivers were so appointed more than six months prior to the institution of bankruptcy proceedings against the corporation in another district, the jurisdiction of the court over the property is not affected! by such proceedings, and it may refuse to surrender the same to the trustee appointed therein, and apply it to the payment of the claims of the complainants or other creditors proved in the suit.</p> <p>[lid. Note.—For othei cases, see Bankruptcy, Gout. Dig. §§ 287, 289; Dec. Dig. <£=>194.</p> <p>For other definitions, see Words and Phrases, First and Second Series, Levy.]</p> <p>2. Bankruptcy <@=>211—Property in Possession of Receivers—Surrender of Jurisdiction.</p> <p>In such case the fact that the court authorized the receivers to appear in the bankruptcy court and oppose the adjudication did not operate as a surrender of its jurisdiction to the court of bankruptcy.</p> <p>|T1d. Note.—For other cases, see Bankruptcy, Cent. Dig. §§ 321, 323; Dec. Dig. <@=>211.]</p> <p><&s»For other cases see same topic & KKY-NUMBEIi in all Key-Numbered Digests & Indexes</p>