Ferrell v. Madigan

Citations

• 76 Va. 195
• 1882 Va. LEXIS 18

Syllabus

<p>1. Bankruptcy—Jurisdiction of State court—Judgment.—A judgment of State court, regularly docketed, before debtor was adjudicated a bankrupt, was assigned to third person, who had no notice of the proceedings in the bankrupt court, made no claim and received nothing from the bankrupt’s funds there administered. Judgment debtor afterwards sold to purchaser, for value, land owned by him at time of his bankruptcy. On bill filed in State court for benefit of assignee of the judgment against judgment debtor, his assignee in bankruptcy, and the purchaser, to subject the land to pay the judgment—</p> <p>Held :</p> <p>1. The judgment having been obtained before the bankruptcy, State court has jurisdiction to enforce its lien on the land in possession of the alienee of the bankrupt.</p> <p>2. Conceding that the bill should have been filed in the name of the assignee in bankruptcy, yet he, being a defendant, made no objection to the jurisdiction. Had the point been made at proper time the difficulty would have been removed. It is too late to raise the objection for the first time here in argument.</p> <p>2. Bankrupt Court.—Judgments.</p> <p>Quaere: Have the decisions of the supreme court of the U. S. application to judgments of State courts prior to the adjudication in bankruptcy, the liens whereof have not been affected by the proceedings of the bankrupt court ?</p>