In re Britannia Mining Co.

Citations

• 197 F. 459
• 1912 U.S. Dist. LEXIS 1440

Syllabus

<p>1. Mortgages (§ 137*) — Foreclosure—Title—Time for Redemption.</p> <p>Under the law of Montana, the legal title to mortgaged real property remains in the mortgagor after foreclosure during the statutory period of redemption.</p> <p>[Ed. Note. — For other cases, see Mortgages, Cent. Dig. §§ 270-270; Dee. Dig. § 137.*]</p> <p>2. Bankruptcy (§ 293*) — Courts—Jurisdiction.</p> <p>The jurisdiction of the various courts of bankruptcy is limited to the boundaries of the district, a court in another district having no power to collect a debt or seize any property beyond those limits, though the title is in the trustee, and in order to obtain any custody thereof, if custody is refused, the trustee must invoke the ancillary action of a local court, federal or state, having within itself no power to execute the law outside its own district.</p> <p>[Ed. Note. — For other cases, see Bankruptcy, Cent. Dig. §§ 411, 417; Dec. Dig. § 293.*</p> <p>Jurisdiction of federal courts in suits relating to bankruptcy. See note to Bailey v. Mosher, 11 C. C. A. 313.]</p> <p>3. Bankruptcy (§ 262*) — Bale of Assets — Equity of Redemption — Black— Statutes.</p> <p>Act March 3, 1893, c. 225, 27 Stat. 75] (U. S. Comp. St. ]901, p. 710), requiring judicial sales of land to be made on the property itself or at the courthouse in the county where it lies on not less than four weeks’ notice, was applicable to sales in bankruptcy proceedings; and hence, where a bankrupt Wisconsin corporation owned an equity of redemption in a mine in Montana, a sale of such equity in Wisconsin without complying with such act was void.</p> <p>[Ed. Note. — For other cases, see Bankruptcy, Cent. Dig. §§ 363-365; Dec. Dig. § 262.*]</p>