Gage v. Du Puy

Citations

• 127 Ill. 216
• 19 N.E. 878

Syllabus

<p>1. Limitation — assignee in bankruptcy—power of Congress to prescribe limitation. Congress had the undoubted power to enact section 5057 of the Revised Statutes of the United States, limiting the time of bringing suits in all courts, State as well as United States, between assignees in bankruptcy and claimants to adverse interests in property transferred to them.</p> <p>2. Same—as to grantee of assignee in bankruptcy. The grantee of an assignee in bankruptcy is barred by section 5057 of the Revised Statutes of the United States, whenever the assignee himself would have been barred. That section embraces every suit at law and in equity between an assignee in bankruptcy and a person claiming an adverse interest touching any property or rights of property transferred or vested in such assignee.</p> <p>3. Same—application to suits under the Burnt Records act. So where the grantee of an assignee in bankruptcy files his bill, under the Burnt Records act, to establish and confirm his title to a lot, in which he seeks to have certain tax deeds set aside as clouds upon liis title derived from the assignee, the two years’ limitation in section 5057 of the Revised Statutes of the United States will be a bar to the suit in so far as the bill seeks to have the tax title set aside.</p> <p>4. Where titles are to be settled under the Burnt Records act, this is but an additional mode of doing what could have been done in some other mode before the passage of that act. But restoring the evidences of title under that act is something that could not have been done without it, and it may be that where this alone is sought, the limitation of the Bankrupt act will have no application.</p> <p>5. Sake—allowing the plea of limitation in chancery—effect upon the rights of the. parties. On a bill by the grantee of an assignee in bankruptcy to set aside tax deeds as clouds on the title derived from the bankrupt’s estate, the allowance of the plea of limitations under section 5057 of the Revi