252 F. 127 | 7th Cir. | 1918
Petition in bankruptcy against Morrison was filed August 8, 1916, and the Central Trust Company was appointed receiver. On representation of the receiver that James R. Ward was holding real estate which actually belonged to Morrison, on August 23, 1916, the court made an order restraining the tenants of the real estate from paying rent to any other than the receiver, and directing its payment to the receiver until further order of the court.
The second is an appeal from an order of the same District Court, entered February 27, 1918, in a chancery proceeding commenced therein by the trustee in the Morrison bankruptcy, who had filed a plenary bill against Ward and the tenants, charging that Morrison had, prior to the bankruptcy proceeding, conveyed the real estate to Ward in fraud of his creditors, as well as by way of preferring Ward in the payment of certain claims which Ward alleges he had against Morrison, and praying for an accounting, and that Ward be temporarily and permanently restrained from disposing of the real estate, and from collecting the rents, and that a receiver be temporarily appointed to collect the accrued and accruing rents, those accrued being alleged to be all the rents earned from and after the date of filing the petition in bankruptcy. The order entered by the court directed the tenants of the real estate to pay to the clerk, and directed the clerk to receive, hold, and deposit in responsible banks all the accrued and accruing rents of the real estate, specifically enumerating those for September, 1916, and each and every month thereafter, for disposition as the court may direct.
The order of the District Court involved in the above-mentioned appeal in the chancery suit, and the orders of the district court involved
Judge Kohlsaat, since deceased, sat at the oral argument, and on conference concurred in this result, but did not see the opinion.
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