¶1After a careful consideration of the bankrupt law. I think it was the intention of congress to confer on the court tiie power to dispose of the encum*273bered property of the bankrupt in any manner it might, in its discretion, deem best for the interest of all concerned. It is also my opinion, that in the case before me the purchasers will take the property, when sold, free from all encumbrances, the lien being transferred from the property to the fund. The judgment of the register is approved.
21 F. Cas. 272
In re Salmons
U.S. District Court
Decided January 28, 1868
U.S. District Court · decided 1868-01-28
In bankruptcy. By LAWSON BLACK, Register: In this case the following question of law on the jurisdiction of this court, arose before me, pertinent to the proceedings in the above case, viz; Has the court the power to order the sale of the estate of a bankrupt encumbered by lien, and the money arising from the sale brought in court to be distributed among the creditors holding the securities?
Decided 1868-01-28