Drabant v. Cure

Citations

• 280 Pa. 181
• 124 A. 340
• 1924 Pa. LEXIS 487

Syllabus

<p>Bankruptcy — Sale by trustee of goods of stranger — Officer of court — Replantation—Supersedeas—Appeals—Nonsuit.</p> <p>1. Where the goods of a stranger are included among the goods of a bankrupt taken by the trustee, and the owner thereof institutes reclamation proceedings, she thereby submits herself to the ¡jurisdiction of the federal court.</p> <p>2. If, in such proceedings, the . lower court decides against the cláimant, and she takes an appeal without filing a bond or obtaining a supersedeas, and the goods are sold by the trustee under an order of court, before the decision of the lower court is reversed, the claimant, while entitled to the proceeds of the sale, loses the specific articles claimed.</p> <p>3. If the claimant purchases such goods at the sale, and voluntarily accepts the proceeds without protest or further action, she cannot afterwards, in a suit against the trustee, recover more than she paid at the sale, inasmuch as she is in possession of the property taken from her.</p> <p>4. Supersedeas operates only in favor of those who ask for and have done those things necessary to obtain it.</p> <p>5. Courts should protect their officers in the execution of its orders and decrees.</p> <p>6. A trustee in bankruptcy who sells goods under an order of court, is an officer of the court, and entitled to its protection.</p>