In re Sheinbaum

S.D. New York

In re Sheinbaum

107 F. 247, 1901 U.S. Dist. LEXIS 328

CourtDistrict Court, S.D. New York

DecidedJanuary 25, 1901

StatusPublished

Cited by2 cases

This text of 107 F. 247 (In re Sheinbaum) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Sheinbaum, 107 F. 247, 1901 U.S. Dist. LEXIS 328 (S.D.N.Y. 1901).

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Opinion

BROWIN', District Judge.

The evidence shows that Wasserman was in possession, claiming title under a hill of sale executed before the bankruptcy, and hence, under Bardes v. Bank, 178 U. S. 524, 20 Sup. Ct. 1000, 44 L. Ed. 1175, I cannot try his title; by summary proceedings, except he consent to proceedings in this court. There is no such consent. The reference was merely to ascertain the facts su£ficieiitly to show whether he was in actual possession under a claim in his own right. As now that is not questioned, his title cannot be tried in this court.

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BROWIN', District Judge.

The evidence shows that Wasserman was in possession, claiming title under a hill of sale executed before the bankruptcy, and hence, under Bardes v. Bank, 178 U. S. 524, 20 Sup. Ct. 1000, 44 L. Ed. 1175, I cannot try his title; by summary proceedings, except he consent to proceedings in this court. There is no such consent. The reference was merely to ascertain the facts su£ficieiitly to show whether he was in actual possession under a claim in his own right. As now that is not questioned, his title cannot be tried in this court.

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107 F. 247, 1901 U.S. Dist. LEXIS 328, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-sheinbaum-nysd-1901.

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