Ford v. Keys

U.S. Circuit Court for the District of Southern Ohio

Ford v. Keys

9 F. Cas. 426, 15 Int. Rev. Rec. 59, 4 Chi. Leg. News 156, 1872 U.S. App. LEXIS 1504

CourtU.S. Circuit Court for the District of Southern Ohio

DecidedJanuary 31, 1872

DocketCase No. 4,933

StatusPublished

This text of 9 F. Cas. 426 (Ford v. Keys) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Southern Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ford v. Keys, 9 F. Cas. 426, 15 Int. Rev. Rec. 59, 4 Chi. Leg. News 156, 1872 U.S. App. LEXIS 1504 (circtsdoh 1872).

Pincite

Opinion

EMMONS, Circuit Judge,

held: That where judgment had been taken by confession on a cognovit, and execution levied up[427]*427on the property of a bankrupt by the sufferance or permission of the bankrupt before proceedings in bankruptcy were instituted, it was a fraud upon the act, notwithstanding the cognovit may have been dated more than sis months prior to the filing of the petition in bankruptcy. That in such cases the date of the cognovit was entirely immaterial. Holding the law on that subject to be in accordance with the late cases, referring to Hood v. Karper [Case No. 6,664]; Haughey v. Albin [Id. 6,222]; In re Hafer [Id. 5,897]; and some ten or twelve other concurring decisions. Remanded for amendment and further proceedings.

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EMMONS, Circuit Judge,

held: That where judgment had been taken by confession on a cognovit, and execution levied up[427]*427on the property of a bankrupt by the sufferance or permission of the bankrupt before proceedings in bankruptcy were instituted, it was a fraud upon the act, notwithstanding the cognovit may have been dated more than sis months prior to the filing of the petition in bankruptcy. That in such cases the date of the cognovit was entirely immaterial. Holding the law on that subject to be in accordance with the late cases, referring to Hood v. Karper [Case No. 6,664]; Haughey v. Albin [Id. 6,222]; In re Hafer [Id. 5,897]; and some ten or twelve other concurring decisions. Remanded for amendment and further proceedings.

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Bluebook (online)

9 F. Cas. 426, 15 Int. Rev. Rec. 59, 4 Chi. Leg. News 156, 1872 U.S. App. LEXIS 1504, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ford-v-keys-circtsdoh-1872.