252 F. 115 | 4th Cir. | 1918
The court below, against the protest of the bankrupt’s wife, made an order for the sale of his real estate freed and discharged of her inchoate right' of dower, with a provision in substance that she should be paid from the proceeds such compensation as the court might thereafter determine to be just. By petition to superintend and revise, and also by appeal, she asserts the invalidity of the order. ,
•‘But, under the provisions of the Bankruptcy Act, all that passes to the ' assignee by the assignment in. bankruptcy, or that can be sold by direction o.C the court, is property or rights of the bankrupt, or property conveyed by the bankrupt in fraud of creditors.”
As we see it, the order in question directs the sale of property belonging to the wife, against her protest, and for a price which she is unwilling to accept; and this in our judgment is without warrant of law.
Reversed.
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