In re Moody

Citations

• 131 F. 525
• 1904 U.S. Dist. LEXIS 217

Syllabus

<p>1. Bankruptcy — Jurisdiction of Court — Property in Possession of Adverse Claimant.</p> <p>A court of bankruptcy has jurisdiction under Bankr. Act July 1, 1898, c. 541, § 2, cl. 3, 30 Stat. 545 [TJ. S. Comp. St 1901, p. 3421], to take possession by its marshal or receiver of property in the possession of an adverse claimant, but which is charged in a petition in bankruptcy to have been fraudulently transferred by the alleged bankrupt, where the court finds such action necessary to the preservation of the estate, and, having taken such possession, it has jurisdiction, on reasonable notice to the claimant, to determine the right of ownership, which in such case is one arising in a proceeding in bankruptcy, as distinguished from a controversy at law or in equity, within the meaning of section 23, 30 Stat. 552 [U. S. Comp. St. 1901, p. 3431].</p>