In re Traunstein

Citations

• 225 F. 317

Syllabus

<p>1. Bankruptcy <§=>210—Jurisdiction—Possession—What Constitutes.</p> <p>Petitioner sold a beer pmnp on conditional sale to bankrupts. After bankruptcy it was claimed by the bankrupts’ lessor as a trade fixture, and possession thereof was delivered to the lessor. The seller filed a petition praying that the trustee be ordered to surrender the beer pump, and thereafter filed another petition, asking that the lessor show cause why petitioner should not be allowed to take possession. lidld that, where the order giving possession of the pump to the lessor was, with its consent, revoked so as to revest possession, in the trustee, and a new order, reserving to the court jurisdiction to determine title to the pump, was made, the court had jurisdiction of the pump and could determine all questions as to ownership.</p> <p>LEd. Note.—For other cases, see Bankruptcy, Cent.. Dig. §§ 321-323; Dec. Dig. <£=>210.]</p> <p>2. Bankruptcy <3=212—Claims to Specific Pbopeety—Withdrawal.</p> <p>Where the seller of property to the bankrupt by contract of conditional sale filed a petition in the bankruptcy court, praying for its possession, against the trustee and the bankrupt’s lessor who claimed it as a trade fixture, tlie seller could not withdraw his petition over objection of the trustee, who claimed (1) that ho might have an equity in the property; (2) that, if not, ic should go to the seller to prevent his filing a claim as general creditor; and (3) that to remit the seller to an action against the bankrupt's lessor would delay settlement of the estate.</p> <p>i'U<l. Note.—For other cases, see Bankruptcy, Cent. Dig. § 236; Dee. Dig. <@=>212.]</p> <p>8. Bankruptcy <@=>11—Jurisdiction—Claims to Pbopeety,</p> <p>Custody of property by the bankruptcy court, though acquired by agreement of the person in possession, nevertheless confers jurisdiction to have and determine claims to the ownership thereof.</p> <p>LEd. Note.—For other cases, see Bankruptcy, Cent. Dig. § 11; Dec. ■ Dig. <@=>1