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7 F. 583

In re Bear

United States Circuit Court for the Southern District of New York · decided 1881-04-26

<p>i. Ts EE Beak, 5 Fed. Rep. 53, Aeiíikmbd.</p>

2 counsel of record

Relies on In re Bear

Decided 1881-04-26

¶1i. Ts EE Beak, 5 Fed. Rep. 53, Aeiíikmbd.

¶2In Bankruptcy.

¶3George Bell, for Holmes, Booth & Haydens.

¶4F. W. Hendricks, for the assignee in bankruptcy.

¶5Blatchford, C. J.

¶6It must be held that the district court was right in deciding that the petition in bankruptcy was filed as early as 12 m. on the eleventh of March, and therefore before the execution reached the sheriff. That being so, the creditor acquired no lien by virtue of the execution as against the assignee in bankruptcy, and the order of January 22, 1881, was correct in dismissing the petition of Holmes, Booth & Haydens, with costs, and the prayer for its reversal must be denied, with costs.

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