In re Weinger, Bergman & Co.

Citations

• 126 F. 875
• 1903 U.S. Dist. LEXIS 59

Syllabus

<p>1. Bankruptcy — Jurisdiction, op Courts — Property Held by Adverse Claimant.</p> <p>Where property of a bankrupt is held adversely to his estate under a claim of seizure on process from a state court, the court of bankruptcy has jurisdiction to summarily inquire and determine whether the adverse claim has an actual basis, or is merely colorable; and where it determines that the seizure was by an abuse of process — as where the taking was after the filing of the petition in bankruptcy, on a writ of replevin which did not describe the property, but other and different property— the court has power to order its surrender by the person in possession to the trustee or receiver in bankruptcy.</p> <p>8. Same — Piling op Petition as Caveat — Subsequent Seizure op Property by State Court.</p> <p>A bankrupt’s property is within the jurisdiction of the bankruptcy court as soon as the petition is filed, so far as to prevent a state court, which subsequently seizes it, from being held to have first obtained exclusive jurisdiction.</p> <p>8. Same — Seizures Avoided by Bankruptcy — Replevin.</p> <p>It seems that the word “levies,” as used in 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” within four months prior to the bankruptcy of an insolvent defendant, is sufficiently comprehensive to include any seizure of property in the bankrupt’s possession, and which he claims to own, and to cover a seizure on a writ of replevin in a suit to recover property sold and delivered on credit under a contract which the plaintiff claims the right to rescind for fraud.</p>