In re Harralson

Citations

• 179 F. 490
• 29 L.R.A.N.S. 737
• 1910 U.S. App. LEXIS 4670
• 29 L.R.A (N.S.) 737

Syllabus

<p>Bankruptcy (§ 258*) — Sale op Mortgaged Property — Liability op Mortgagee por Commissions. -</p> <p>A court of bankruptcy is not a, court of general Jurisdiction for the adjudication of controversies or the administration of assets in which the bankrupt’s estate is in no wise interested, and if it undertakes to sell property which is subject to a mortgage, the validity of which is unquestioned, it is to be assumed that some benefit was expected to accrue . to the general creditors, and if. the proceeds are insufficient to pay the mortgage the holder is entitled to the full amount, without deduction for the commissions of the trustee and referee, where there is a general estate from which they may be paid.</p> <p>[Ed. Note. — For other cases, see Bankruptcy, Dec. Dig. § 258.*]</p>