Staunton v. Wooden

Citations

• 179 F. 61
• 102 C.C.A. 355
• 1910 U.S. App. LEXIS 4608

Syllabus

<p>1. Bankruptcy (§ 206*) — Administration op Estate — Summary Proceedings Against Claimant Under Attachment.</p> <p>Where a claim to possession of property of a bankrupt’s estate, as against the trustee’s right of possession, is based solely on an attachment lien, which is avoided by the adjudication in bankruptcy, the person or officer so in possession is not an adverse claimant, but holds as bailee for the trustee, and must deliver the property on proper demand, and may be required to do so by a summary order of the bankruptcy court.</p> <p>[Ed. Note. — For other cases, see Bankruptcy, Dec. Dig. § 206.*]</p> <p>2. Bankruptcy (§ 14*) — Jurisdiction op Courts — Order to be Enforced in Another District.</p> <p>The court in which a petition in bankruptcy is filed has plenary jurisdiction in bankruptcy coextensive with the United States to order and control the disposition of the bankrupt’s estate and to determino all liens thereon and all interests affecting It, and may issue citation to persons in another jurisdiction to appear before it in respect to such matters; but it cannot issue process to be enforced in another territorial jurisdiction, nor make a summary order for the delivery of property which must be there enforced, but such an order can only be obtained by ancillary proceedings by the trustee in the court of the district where it must be executed.</p> <p>[Ed. Note. — For other cases, see Bankruptcy, Cent. Dig. § 20; Dec. Dig. § 14.*</p> <p>Jurisdiction of federal courts in suits relating to bankruptcy, see -note to Bailey v. Mosher, 11 C. C. A. 313.]</p>