Shoe & Leather Reporter

Citations

• 129 F. 588
• 1904 U.S. App. LEXIS 4077
• 64 C.C.A. 156

Syllabus

<p>1. Bankruptcy — Courts—Jurisdiction—Mortgaged Property — Sale.</p> <p>Union Trust Company, Petitioner, 122 Fed. 937, 59 C. C. A. 461, applied, to the effect that a court of bankruptcy has jurisdiction to order a sale in gross of all the assets of a bankrupt manufacturing corporation in its possession free from incumbrances, notwithstanding the corporation has given a mortgage on such assets to secure its bonds, leaving questions as to what assets are covered by the mortgage to be afterwards determined.</p> <p>2. Same — Revisory Petition — Questions Review able.</p> <p>An objection to an order of a court of bankruptcy fixing a minimum bid for the sale of the assets of the bankrupt, and providing that five-sixths of the purchase price might be paid in bonds secured by mortgage on such assets, will not be reviewed on a revisory petition where petitioners could not be prejudiced in any manner thereby.</p> <p>3. Same — Questions Raised Below.</p> <p>Where it was not objected in the District Court, sitting in bankruptcy, that part of the property of a bankrupt ordered to be sold had not been inventoried in the manner required by the bankrupt act, such objection would not be considered on a revisory petition.</p> <p>lf 2. Appeal and review in bankruptcy cases, see note to In re Eggert, 43 C. C. A. 9.</p>