Hammond v. Whittredge

Citations

• 204 U.S. 538
• 27 S. Ct. 396
• 51 L. Ed. 606
• 1907 U.S. LEXIS 1479

Syllabus

<p>Where the state court expressly decides, adversely to contention of plaintiff in error that a statute of the United States does not preclude others from asserting rights against him, but does preclude him from asserting rights against them, a Federal question exists giving- this court jurisdiction to review the judgment under § 709, Rev. Stat.</p> <p>Where an incorporeal interest of the hankrupt in a contingent remainder passed to the assignee in bankruptcy under a petition filed in 1878, and no notice to the trustees was necessary, the fact that the assignee brought no suit to establish his right to the bankrupt's interest, in the fund for more than two years does not bar his claim thereto under § 5057, Rev. Stat.; but under that section all persons who had not brought suits within two years against the assignee to assert their rights to the property are barred. Nor will the assignee be presumed to have abandoned the property simply because he did not sell it; when, as in this case, he brings an action to protect his interest therein.</p>