In re Bishop

Citations

• 153 F. 304
• 1907 U.S. Dist. LEXIS 281

Syllabus

<p>1. Bankruptcy — Possession of Property — Rights of Landlord.</p> <p>On an adjudication of bankruptcy against a tenant, the latter’s property is in custodia legis, the landlord, being thereupon precluded from enforcing his rent claim by distress, is only entitled to proceed against the trustee in the bankruptcy court.</p> <p>2. Same — Preferred Claims — Rent.</p> <p>Under, S. C. Civ. Code 1902, §§ 2427, 2428, 2429, giving a landlord a preferred lien for rent on a tenant’s personal chattels, situated on the leased premises, enforceable by distress, on the tenant’s being adjudged a bankrupt, the landlord possessed a preferred claim as against the proceeds of sncli property for rent due to the date of the bankruptcy adjudication, as provided by Bankr. Act July 1, 1898, c. 541, § 04, subd. 5, 30 Stat. 5G3 Lib S. Ooinp. St. 1901, p. 3448], giving priority to debts owing to any person who by the laws of the state is entitled to priority.</p>