United States Supreme Court Cases & Opinions

U.S. Supreme Court

Eyster v. Gaff, 91 U.S. 521 (1875)

Eyster v. Gaff

91 U.S. 521

Syllabus

1. Where the assignee in bankruptcy of a mortgagor is appointed during the pendency of proceedings for the foreclosure and sale of the mortgaged premises, he stands as any other purchaser would stand on whom the title had fallen after the commencement of the suit. If there be any reason for interposing, the assignee should have himself substituted for the bankrupt, or be made a defendant on petition.

2. A court cannot take judicial notice of the proceedings in bankruptcy in another court, and it is its duty to proceed as between the parties before it, until, by some proper pleadings in the case, it is informed of the changed relations of any of such parties to the subject matter of the suit.

3. The jurisdiction conferred upon the federal courts for the benefit of an assignee in bankruptcy is concurrent with and does not divest that of the state courts in suits of which they had full cognizance.