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71 N.H. 185

51 A 633

Truda v. Osgood

Supreme Court of New Hampshire

Decided December 3, 1901

Supreme Court of New Hampshire · decided 1901-12-03

Trover, against the trustee in bankruptcy oí V. T., for wagons, harnesses, etc. Facts agreed, and case transferred from the May term, 1901, of the superior court by Pike, J. The defendant took possession of the property as assets of the bankrupt’s estate, and sold it in the course of his duties as trustee. The defendant’s motion to dismiss the action for want of jurisdiction was denied, and he excepted.

Cited by 5 later decisions — most recently March 1910

4 state decisions

Relies on Fred Bardes v. First National Bank of Hawarden Iowa · Claflin v. Houseman · Eyster v. Gaff

Good law ✅— No negative treatment on recordhow we know

Decided 1901-12-03

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Bjlodgett, C. J.

¶1 The question raised by the agreed facts is not one of jurisdiction, but of title. The plaintiff’s action is not one of replevin, but of trover. It concerns, not the judicial custody or lawful possession of the property in controversy, but only the trial of the title to it. The jurisdiction conferred on the federal courts in actions of this character between trustees in bankruptcy and strangers to the bankruptcy proceedings is not exclusive, but, on the contrary, it is well settled that in all questions of title to property derived through such proceedings the state courts have concurrent jurisdiction. Heath v. Shaffer, 93 Fed. Rep. 647, 650; Hicks v. Knost, 94 Fed. Rep. 625; Norcross v. Nathan, 99 Fed. Rep. 414, 421: Eyster v. Gaff, 91 U. S. 521, 525, 526; Claflin v. Houseman, 93 U. S. 130, 134; Bardes v. Bank, 178 U. S. 524, 532, 533; While v. Schloerb, 178 U. S. 542, 546; Gage v. Dow, 58 N. H. 420; Hanson v. Herrick, 100 Mass. 323, 326; Otis v. Hadley, 112 Mass. 100, 105, 106; Goodrich v. Wilson, 119 Mass. 429, 434; *186 Bump B’k’cy (11th ed.) 139, 140, and authorities cited; 2 Am. & Eng. Enc. Law 88; 16 Ib. (2d ed.) 755, cc; 88 Am. Dec. 675, note.

¶2 Exception overruled.

All concurred.
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