Atwood v. Thomas

Mississippi Supreme Court

Atwood v. Thomas

60 Miss. 162

CourtMississippi Supreme Court

DecidedOctober 15, 1882

StatusPublished

Cited by1 cases

This text of 60 Miss. 162 (Atwood v. Thomas) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Atwood v. Thomas, 60 Miss. 162 (Mich. 1882).

Pincite

Opinion

Campbell, C. J.,

delivered the opinion of the court.

Whatever right the appellee had with respect to the land was vested by operation of the bankrupt law in his assignee in bankruptcy, and is not shown to have been returned to him. Deadrick v. Armour, 10 Hump. 588.

This is not like Conner v. Southern Express Co., 42 Ga. 37, in which the circumstances raised the presumption of a right in the bankrupt to maintain the suit. The title passed. [164]*164out of the appellee, and there is nothing to raise a presumption of bis right to assert it.

Decree reversed, and decree here dismissing the bill.

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Campbell, C. J.,

delivered the opinion of the court.

Whatever right the appellee had with respect to the land was vested by operation of the bankrupt law in his assignee in bankruptcy, and is not shown to have been returned to him. Deadrick v. Armour, 10 Hump. 588.

This is not like Conner v. Southern Express Co., 42 Ga. 37, in which the circumstances raised the presumption of a right in the bankrupt to maintain the suit. The title passed. [164]*164out of the appellee, and there is nothing to raise a presumption of bis right to assert it.

Decree reversed, and decree here dismissing the bill.

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Bluebook (online)

60 Miss. 162, Counsel Stack Legal Research, https://law.counselstack.com/opinion/atwood-v-thomas-miss-1882.

Opinion

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