About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

Alexander Crawford, Appellant, v. James Points, Assignee in Bankruptcy of Henry Hottle U.S. 11 (1851)

handle is hein.slavery/ussccases0265 and id is 1 raw text is: DECEMBER TERM., 1851. 11 Crawford v. Points. ALEXANDER CRAWFORD, APPELLANT, V. JAMES POINTS, AS- SIGNEE IN BANKRUPTCY OF HENRY HOTTLE. An appeal does not lie to this court, from the decision of a District Court in a case of bankruptcy. Even if it would, the decree of the District Court in this case is not a final decree. THIS was an appeal from the District Court of the United States for the Western District of Virginia. The facts in the case are stated in the opinion of the court so far as they bear upon the question of jurisdiction; and it is un- necessary to state the other facts. It was argued in this court by Mr. Fultz for the appellant, and by ir. Stuart for the appellee. Mr. Chief Justice TANEY delivered the opinion of the court. This case may be disposed of in a few words. James Points, the appellee, was appointed assignee of Henry Hottle who had been declared a bankrupt, by the District Court of the United States for the Western District of Virginia. And, upon the petition of the assignee and the hearing of the parties concerned, certain settlements and transfers of property made between the bankrupt and the appellant, were declared to be fraudulent, and set aside by the court. From this decree Craw- ford appealed to this court. It is very clear that the appeal cannot be sustained. - The appellant endeavors to support it, upon the ground that there is no act of Congress now in force establishing a Circuit Court for the Western District of Virginia. But, assuming this to be the case, it does not follow that an appeal to this court can be taken from the decree of the District Court. For we can exer- cise' no appellate power, unless it is conferred by law; and there is no act of Congress authorizing an appeal to this court from the decision of a District Court in a case of bankruptcy. It was so held in Nelson v. Carland, 1 How. 265, and in the case .Ex parte Christy, 3 How. 314, 315. Indeed, if an appeal would lie from a final decree of the Dis- trict Court, this appeal cannot be maintained. For the decree' is not final. An account is directed to be taken of the rents and profits of certain lands, with an option to the appellant to purchase, them at a price named in the decree; and in that event he is to be discharged from the acc6unt for rents and pro- fits. And, moreover, he is permitted to retain 'possession of cer- tain slaves, until it should be ascertained whether the otheri assets of the bankrupt's estate would not be sufficierit to pay

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most