MURPHY V. JOHN HOFMAN CO., 211 U. S. 562 (1909)

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U.S. Supreme Court

Murphy v. John Hofman Co., 211 U.S. 562 (1909)

Murphy v. John Hofman Company

No. 33

Argued December 1, 2, 1908

Decided January 4, 1909

211 U.S. 562


Where the bankruptcy court has the actual possession of property, the title to which is in dispute, that property is withdrawn from the jurisdiction of other courts, and, independently of any jurisdiction conferred by statute, the bankruptcy court, as is the case with other federal and state courts, has ancillary jurisdiction to hear and determine all questions respecting such title, and such jurisdiction cannot be disturbed by the process of any other court. Wabash Railroad v. Adelbert College, 208 U. S. 38.

Where one who has no other connection with the property is appointed receiver, his possession is that of the court, and not that of an individual.

The seizure of goods in the possession of a receiver in bankruptcy, under a writ of replevin issued by a state court against the receiver, individually, held in this case to be an unlawful invasion of the possession of the bankruptcy court.

The facts are stated in the opinion. chanrobles.com-red

Page 211 U. S. 564


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