In re Hymes Buggy & Implement Co.

Citations

• 130 F. 977
• 1904 U.S. Dist. LEXIS 279

Syllabus

<p>1. Bankruptcy — Custody of Property — Surrender by Sheriff to Receiver.</p> <p>The surrender by a sheriff to a receiver in bankruptcy of property which he had seized on a writ of replevin, before he has made his return, operates as an abandonment of the seizure, and the goods are not thereafter in the custody of the state court.</p> <p>2. Same — Seizures Avoided by Bankruptcy — Replevin.</p> <p>Bankr. Act, July 1, 1898, c. 541, § 67f, 30 Stat. 565 [U. S. Comp. St. 1901, p. 3450], which makes void “all levies, judgments, attachments, or other liens, obtained through legal proceedings against a person who is insolvent, at any time within four months prior to the filing of a petition in bankruptcy against him in case he is adjudged a bankrupt,” covers a seizure of property on a writ of replevin.</p>