Harrison v. Chamberlin, 271 U.S. 191 (1926)

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Harrison v. Chamberlin

No. 168

Argued January 22, 1926
Decided May 3, 1926
271 U.S. 191

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE EIGHTH CIRCUIT

Syllabus

1. A proceeding instituted by a trustee in bankruptcy, in the bankruptcy suit, to recover property in the possession of an adverse claimant, is a controversy in bankruptcy reviewable by the circuit court of appeals, both as to fact and law, by an appeal taken under § 24a of the Bankruptcy Act. P. 193.

2. A court of bankruptcy is without jurisdiction to adjudicate in a summary proceeding a controversy over property held adversely to the bankrupt estate unless the adverse claimant consent or the claim be merely colorable. P. 193.

3. An actual claim may be adverse and substantial even though in fact fraudulent and voidable. P. 194.

4. A claim is to be deemed substantial when the claimant’s contention discloses a contested matter of right, involving some fair doubt and reasonable room for controversy, in matters either of fact or law, and is not to be held merely colorable unless the preliminary inquiry shows that it is so unsubstantial and obviously insufficient, either in fact or law, as to be plainly without color of merit, and a mere pretense. P. 195.

298 F. 926 affirmed.

Certiorari to a judgment of the circuit court of appeals reversing an order, made by the district court summarily in a bankruptcy case, requiring the respondent Chamberlin to deliver money, adversely claimed by her, to Harrison, the trustee in bankruptcy.