Robertson v. Howard

Citations

• 82 Kan. 588
• 109 P. 696
• 1910 Kan. LEXIS 312

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Bankruptcy — Sale of Land in this State by Foreign Trustee — • Jurisdiction. The sale by a trustee in bankruptcy, under the orders of a United States district court in the state of Illinois, of a certificate of sale of state school land in Kansas conveys to the purchaser of such certificate no interest in the land in this state, none of the steps required by the laws of the United States being taken to sell, within this state, the land as such.</p> <p>2. School Land — Interest of Certificate Holder after Part Payment of Purchase Price. The contract between the bankrupt and the state of Kansas, evidenced by the certificate of purchase, a part of the purchase price being paid, conveyed to the purchaser an equitable title to the land.</p> <p>3. Execution Sale — Equitable Interest. The purchaser’s equitable interest in such land is real estate, and as such is subject to sale on execution. (Gen. Stat. 1868, ch. 104, § 1, subdiv. 8; Gen. Stat. 1909, § 9037, subdiv. 8; Poole v. French, 71 Kan. 391.)</p> <p>4. Bankruptcy — •Title of Trustee to Bankrupt’s Property— Interest of Bankrupt. Upon an adjudication of bankruptcy and the appointment and qualification of a trustee the title and control of all the bankrupt’s nonexempt property vests in the trustee, for the purpose of liquidating the debts of the bankrupt under the orders of the court. Subject to this purpose, the bankrupt retains an interest in the property, which, in case the property is not needed or is not disposed of for such purpose, and the bankrupt is discharged, recalls to the bankrupt all rights thus vested in the trustee.</p> <p>5. - Conveyance by Bankrupt During Pendency of Proceedings — Interest of Grantee. If during the pendency of the bankrupt proceedings the bankrupt conveys all h.is interest in any such property, and thereafter is fully discharged, and any property so conveyed has not been used or disposed of, the reversionary title thereto follows such conveyance and