United States Supreme Court Cases & Opinions

U.S. Supreme Court

Wisner v. Brown, 122 U.S. 214 (1887)

Wisner v. Brown

Submitted January 13, 1887

Decided May 27, 1887

122 U.S. 214

Syllabus

An assignee in bankruptcy cannot transfer to a purchaser the bankrupt's adverse interest in real estate in the possession of another claiming title if two years have elapsed from the time when the cause of action accrued therefor in the assignee, and the right of the purchaser in such case is as fully barred by the provisions of Rev.Stat. § 5057, as those of the assignee.

It is unnecessary to decide in this case whether the provisions contained in Rev.Stat. § 5063 refer to a case in which only the interest of the bankrupt is ordered to be sold, without attempting to affect the title or interest of other persons.

This was a writ of error to bring before the Court for review a judgment rendered by the Supreme Court of Michigan in an action of ejectment in which the plaintiff in error, who was plaintiff below, claimed title under a deed from an assignee in bankruptcy. The case is stated in the opinion of the Court.

Page 122 U. S. 215