US LAWS, STATUTES and CODES : Chan Robles Virtual Law Library USA Supreme Court Decisions | Resolutions : Chan Robles Virtual Law Library

ChanRobles™ Virtual Law Library™ |™   
Main Index Repository of Laws, Statutes and Codes Latest Philippine Supreme Court Decisions Chan Robles Virtual Law Library Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Legal Resources United States Supreme Court Jurisprudence ChanRobles LawTube - Social Network

ChanRobles Internet Bar Review : DebtKollect Company, Inc. - Debt Collection Firm Intellectual Property Division - Chan Robles Law Firm

Philippine Supreme Court DecisionsChanRobles On-Line Bar Review

google search for chanrobles.comSearch for

LUCIUS V. CAWTHON-COLEMAN CO., 196 U. S. 149 (1905)

Subscribe to Cases that cite 196 U. S. 149 RSS feed for this section

U.S. Supreme Court

Lucius v. Cawthon-Coleman Co., 196 U.S. 149 (1905)

Lucius v. Cawthon-Coleman Company

No. 110

Submitted December 13, 1904

Decided January 3, 1905

196 U.S. 149


The bankruptcy court has jurisdiction to determine on a claim asserted by the bankrupt whether property in the hands of the trustee is exempt, and while an erroneous decision against the asserted right may be corrected in the appropriate mode for the correction of errors, the jurisdiction of the court is not in issue within the meaning of the Act of March 3, 1891, and a direct appeal to this Court will not lie.

This is an appeal from a decree of the District Court of the United States for the Southern District of Alabama, sitting in bankruptcy, establishing an directing the enforcement of a lien upon the proceeds of two policies of insurance in the hands of a trustee in bankruptcy. The district court file findings of fact and its conclusions of law, in pursuance to the third subdivision of General Order in Bankruptcy 36, an an appeal was taken upon the question of jurisdiction alone, under the supposed authority of the fifth section of the Judiciary Act of March 3, 1891.

In substance, the pertinent facts state in the findings were as follows:

D. D. Lucius, a resident citizen of Alabama, was, in voluntary proceedings, adjudged a bankrupt, and the case was sent to a referee. In his schedules, Lucius claimed as exempt rugs to the value of $1,000 and $1,000 of a balance of $1,150 due upon the aforementioned policies of insurance. The policies subsequently came into the possession of the trustee in bankruptcy.

The Cawthon-Coleman Company were creditors of Lucius for about the sum of $1,000, evidenced by a note containing a chanroblesvirtualawlibrary

Page 196 U. S. 150

waiver of exemption of personal property, and secured by a mortgage upon the homestead of Lucius, which mortgage contained a stipulation for insurance for the benefit of the mortgagees. The two policies above referred to were obtained in consequence of the stipulation referred to, and while in force, and before the adjudication in bankruptcy, the dwelling insured was destroyed by fire. Claiming, by reason of the facts just stated, an equitable lien upon the proceeds of the insurance, the Cawthon-Coleman Company filed a petition in the bankruptcy proceedings to establish and enforce their alleged lien. During the pendency of this proceeding, the trustee in bankruptcy collected the balance due upon the policies. The trustee reported an allowance of the exemption out of such proceeds, as claimed by the bankrupt, and shortly afterwards the bankrupt filed a plea denying jurisdiction in the court to hear an determine the claim of lien. This plea was overrules by the referee, who also refuses to confirm the allowance of the exemption claimed by the bankrupt, and an order was made by the referee directing the trustee to pay to the Cawthon-Coleman Company on the mortgage indebtedness the sum of $1,001.40 out of the insurance proceeds. Thereafter, to quote from the findings,

"upon a review by the district judged sitting in bankruptcy, of the referee's decision, the judge affirmed it, and rendered a decree asserting that the bankruptcy court had jurisdiction to hear and determine this matter, and granted the relief prayed by the petition of Cawthon-Coleman Company."

This appeal on the question of jurisdiction was then taken direct to this Court. chanroblesvirtualawlibrary

Page 196 U. S. 151

ChanRobles™ LawTube

google search for Search for

Supreme Court Decisions Philippine Supreme Court DecisionsUS Supreme Court Decisions



Browse By ->> Volume


Browse By ->> Year


  Copyright © ChanRobles Publishing Company | Disclaimer | E-mail Restrictions
ChanRobles™ Virtual Law Library |™