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N.D. Iowa· 3/27/1912

In re Walsh Bros.

Citations

  • 195 F. 576
  • 1912 U.S. Dist. LEXIS 1655

Syllabus

<p>1. Bankruptcy (§ 140*)—Adverse Claivs to Property—Rights of Trustee.</p> <p>A trustee in bankruptcy has the rights of the bankrupt only as to property adversely claimed by a third person.</p> <p>[Ed. Note.—For other cases, see Bankruptcy, Cent. Dig. §§ 198, 199, 219, 221, 225; Dec. Dig. § 140.*]</p> <p>2. Bankruptcy (§ 207*)—Attachment Liens—Preservation for Benefit of Estate.</p> <p>Where it is desired to preserve an attachment or execution lien on the property of a bankrupt for the beiieht of the estate, under Bankruptcy Act July 1, 1898, c. 541, § 67f, 80 8tat. 565 (U. S. Comp. St. 1901, p. 3450), steps must be taken to that end before the lien is discharged, and the subrogation of the trustee as plaintiff in' the attachment suit after the lien has been discharged as the effect of the adjudication does not revive the lien.</p> <p>[Ed. Note.-—For other cases, see Bankruptcy, Dec. Dig. § 207.*]</p>

Judges: Reed

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