Whitney v. Wenman

Citations

• 198 U.S. 539
• 25 S. Ct. 778
• 49 L. Ed. 1157
• 1905 U.S. LEXIS 1086

Syllabus

<p>The bankruptcy court has jurisdiction of a proceeding in the nature of a plenary action brought by the trustee to determine controversies in relation to property held by the bankrupt or by other parties for him, and the extent and character of liens thereon; and this applies to a suit brought against parties claiming possession of goods in the bankrupt’s store, as warehousemen, under a nominal lease of the store from the bankrupt.</p> <p>A receiver in bankruptcy is appointed as a temporary custodian and it is his duty to hold possession of property until the termination of the proceedings or the appointment of the trustee, and meanwhile the bankruptcy court has possession of the property and jurisdiction to hear and determine the interests of those claiming liens thereon or ownership thereof, and this jurisdiction cannot be affected by the receiver turning the property over to any person without the authority of the court.</p>