Roby v. Colehour,
146 U.S. 153 (1892)

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U.S. Supreme Court

Roby v. Colehour, 146 U.S. 153 (1892)

Roby v. Colehour

Nos. 990, 987-989

Submitted May 2, 1892

Decided November 7, 1892

146 U.S. 153


In error to a state court, although it may not appear from the opinion of the court of original jurisdiction or from the opinion of the supreme court of the state that either court formally passed upon any question of a federal nature, yet, if the necessary effect of the decree was to determine, adversely to the plaintiff in error rights and immunities in proceedings in bankruptcy claimed by him in the pleadings and proof, the jurisdiction of this Court may be invoked on the ground that a right or immunity, specially set up and claimed under the Constitution or authority of the United States, has been denied by the judgment sought to be reviewed.

A bankrupt who purchases from his assignee in bankruptcy real estate to which he held the legal title at the time of the assignment is not thereby discharged from an obligation to account to a third party for an interest in the land as defined in a declaration of trust by the bankrupt, made before the bankruptcy, but takes title subject to that claim.

Whether such relations existed between the bankrupt and such third party

Page 146 U. S. 154

as prevented him from acquiring such absolute title, discharged from all obligations growing out of the declaration of trust, is not a federal question.

This was a motion to dismiss. The case is stated in the opinion.

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