Atwood v. Thomas

Mississippi Supreme Court October 15, 1882

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

Campbell

Opinion of the Court

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. *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.

Reference

Full Case Name: Maggie Atwood v. C. L. Thomas
Cited By: 1 case
Status: Published
Syllabus: Bankruptcy. Effect on title to land. Suit by bankrupt. One who has been adjudged a bankrupt cannot afterwards recover a tract of land, not exempt property, upon the strength of a title held by him at the time of the adjudication of his bankruptcy, as such title must have passed to the assignee, unless he has been subsequently re-invested with the title, or there he circumstances to raise the presumption of his right to assert the same.