Robertson v. Howard, 229 U.S. 254 (1913)

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Robertson v. Howard

No. 320

Submitted May 7, 1913
Decided June 10, 1913
229 U.S. 254

ERROR TO THE SUPREME COURT

OF THE STATE OF KANSAS

Syllabus

This Court follows the ruling of the state court on the question whether contracts between the purchaser and the state convey such an equitable title that the certificates of purchase are real estate.

The bankruptcy court is not confined in the administration of the property of the bankrupt to state or district boundaries; nor is it necessary to institute independent or ancillary proceedings in the different states in which the bankrupt’s property is situated, or to conform to the provisions of the Act of 1893 prescribing the method of selling real estate under orders and decrees of courts of the United States.

General Order XVIII in Bankruptcy does not contemplate that the Act of 1893 be followed in sales of real estate.

The effect of adjudication in bankruptcy is to transfer title of all of the property of the bankrupt wheresoever situated and vest the same in the trustee, who has the right to administer the under the authority of the court.

After sale of real estate by the trustee and confirmation by the referee, lack of appraisal and error of description in published notice are mere irregularities cured by the order of confirmation and validated under § 70b of the Bankruptcy Act, and the conveyance cannot be attacked collaterally.

83 Kan. 453 reversed.

The facts, which involve the right of a trustee in bankruptcy to convey real estate in a jurisdiction other than that in which he was appointed, are stated in the opinion.