Opinion

Watson v. Lemar

  • 29 F. Cas. 434
Court
District Court, D. South Carolina
Filed
Jul 1, 1842
Status
Published
Author
Gilchrist
On the bench
Gilchrist
Cited by
0 cases

The opinion

GILCHRIST, District Judge,

ruled the following points:

1. That the district court of the United States, sitting as a court of bankruptcy, has all necessary chancery powers and jurisdiction for full administration of the bankrupt act.

2. That a landlord levying, before a decree in bankruptcy, for rent due before such decree, has a lien, under the statute of Anne, of force in this state, on the property of his tenant, and such lien is undisturbed by the bankrupt act.

3. That the apprehension of the petitioning creditors that a sale under the landlord's distress warrant will cause a sacrifice to the tenant’s goods to the injury of the other creditors furnishes no ground to enjoin the landlord’s proceedings.

4. That the facts that the landlord was a preferred creditor for his rent under a voluntary assignment of his tenant, and that he had expressed his willingness (without personally accepting the deed of assignment) that the assignee should sell, and pay him his rent, did not impair his legal remedy.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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