115 Ga. 629 | Ga. | 1902
By an order duly granted by Judge William T. Newman, presiding in the United States district court for the northern district of Georgia, in the matter of Parr & Wilson, bankrupts,, leave was granted to the Van Camp Packing Company, Gilpin, Lan'gdon & Co., and the Empire Liquor Company to proceed in the-State court in the name and for the use of the trustee in bankruptcy, by a proper petition, to have the said State court grant an order directing its receiver, West, to turn over to the trustee in bankruptcy all the assets, property, money, and effects belonging to-the estate of Parr & Wilson, bankrupts. In accordance with said leave given, the parties referred to filed a petition in the superior court of Clarke county, setting out, in brief, the following as a statement of facts: Petitioners are creditors of Parr & Wilson, who-have been legally and duly adjudicated bankrupts within the purview of the act of Congress relating to bankruptcy; have properly proved their claims in the bankruptcy court; and their claims have been allowed by said court. At the first meeting of creditors, H. S. West was duly appointed trustee of the estate of Parr & Wilson, bankrupts, gave bond, and accepted said office of trustee. Since his appointment and qualification, West, trustee, has reported to the referee in bankruptcy that the funds belonging to the estate-of Parr & Wilson are in the hands of West, receiver, and that the receiver refuses to turn over to him said funds. After West had so reported, petitioners filed in the district court of the United States a petition setting forth the facts reported. On a hearing of said petition the receiver and the moving creditors in the State court proceeding appeared and were made parties, and after argument his honor Judge Newman passed the order before recited. Thereupon the petitioners prayed that a rule nisi issue, requiring West as receiver and the plaintiffs in the State court to show cause why such receiver should not be directed to turn over to the trustee in bankruptcy the assets, property, money, and effects belonging to the estate of Parr & Wilson, bankrupts. When this petition was presented a rule nisi was issued; and for cause the respondents alleged that theretofore, in the State court, they had filed a bill against Parr as surviving partner, to force him to pay the debts and settle up the partnership, and West was appointed receiver under that petition and took charge of the assets belonging to Parr & Wilson; that after the death of Wilson, Parr contin
Judgment on the main and cross hills of exceptions affirmed.