Hull v. Burr

Citations

• 153 F. 945
• 83 C.C.A. 61
• 1907 U.S. App. LEXIS 4480

Syllabus

<p>1. Bankruptcy — Suits by Trustees — Jurisdiction of District Court.</p> <p>A trustee in bankruptcy is vested by the act of 1898 with all the rights and title of the bankrupt and of his creditors, and, when he seeks to enforce rights or to recover property in a district other than that of the court which appointed him, he stands in .the position of those whose rights he has acquired, and can resort only to' the same courts, state or federal, and is confined to the same remedies, subject to the exceptions made by Act July 1, 1898. c. 541, «§ 23b, 70e, 30 Stat. 552, 565 [U. S. Comp. St. 1901, pp. 8431, 3452], as amended in 1903 (Act Feb. 5, 1903, c. 487, §§ 8, 16, 32 Stat. 798, 800 [U. S. Comp. St. Supp. 1905, pp. 686, 690]).</p> <p>2. Same.</p> <p>A District Court of the United States is without jurisdiction of a suit by a trustee in bankruptcy appointed in another district to recover property from one to whom it was conveyed by the bankrupt more than four months prior to the bankruptcy, and who took possession of it after the bankruptcy; the ground of recovery alleged being that the conveyance was in fact a mortgage, unless the defendant consents to such jurisdiction. Such an action is not one of which the District Court as a court of bankruptcy is given jurisdiction without such consent, by Bankr. Act July 1. 1898, c. 541, § 23b, or sed ion 70e, 30 Stat. 552, 505 [B. S. Comp. St. 1901, pp. 3431, 3452], as amended in 1903 (Act Feb. 5, 1903, c. 487, §§ 8, Hi. 32 Stat. 798, 800 [U. S. Comp. St. Supp. 1905, pp. 686, 690J).</p> <p>[Ed. Note. — -Jurisdiction of federal courts in suits relating to bankruptcy, see note to Bailey v. Mosher, 11 C. O. A. 313.]</p> <p>3. Same. , , ,</p> <p>Bankr. Act July 1, 1898. c. 541, „ He, 30 Stat, 505 [IT. S. Comp'. St. 1901, p. 3452], as amended in 1903 (lei 1. o. 5, 1903, c. 487, § 8, 32 Stat. 800 [U. S. Comp. St. Supp. 1905, p. 690¡1. does not confer on a court of bankruptcy jurisdiction of a suit brought by a trustee thereunder to