Page:Federal Reporter, 1st Series, Volume 9.djvu/43

28 FEDERAL REPORTER. �3. PrACTICE— SUMMATIT PETITION— PaiiTIES. �A summarv petition by the assignee to renover possession of land witliheld hy the banlcrupt is the proper reniedy, and a pleuary suit is uot necessary : nor are the children of the banltrupt aud his wifc, who are entitled to the reversion after a tenancy by the curtesy ceases, necessary parties to a petition by the assignee to recover that estate from the bankiupt. �4. RBPBAii OF THE Bankbuptcy Laws— Pboviso— Jubisdiction. �The proviso to the act of congress of June 7, 1878, c. ICO, (20 St. 99,) makes ample provision for continuing the jurisdiction of the court over peuding cases. �Petition by the assignee in bankruptcy stating that, at the date of the petition in bankruptcy, the wife of the bankrupt was the owner of certain lands of which she and the bankrupt were then in posses- sion ; that children were born of the marriage, and pending the pro- ceedings in bankruptcy the wife had died; that the bankrupt had not put into his schedule his interest in this land, and was now in pos- session, claiming his life estate by the curtesy, and in enjoyment of the rents and profits. The prayer of the petition is that the bank- rupt be required to deliver possession to the assignee ; that the inter- est of the bankrupt be sold; for a receiver; and general relief. �The bankrupt moved to dismiss the petition because — �(1) The children of the deceased wife were not inade parties, and this court cannot proceed against them by petition ; (2) the court caunot entertain jurisdic- tion since the repeal of the act to establish a uniform System of bankruptcy ; (8) a summary petition is not the proper remedy; (4) on the facts stated in the petition the assignee is not entitled to recover. �The petition in bankruptcy was filed August 29, 1878 ; the wife died September 18, 1878; and the adjudication and assignment by the register were on November 1, 1878. The Code of Tennessee enacts as follows: �"Sec. 2481. The interest of a husband in the real estate of his wife, ac- quired by her either before or after marriage by gift, devise, descent, or in any other mode, shall not be sold or disposed of by virtue of any judn-ment, decree, or execution against him; nor shall the husband and wife be ejected from or dispossessed of such real estate of the wife by virtue of any such judgment, sentence, or decree ; nor shall the husband sell his wif e's real estate during her life without her joining in the conveyance in the manner prescribed by law in which married women shall convey lands. �"Sec. 2482. This exemption of the husband's interest in his wife's lands from sale shall not extend beyond his wife's life." T. & S. Code, 88 2481, 2482. �W. M. Randolph, (Roll. M. Heath with him,) for motion. �Metcalf (f Walker, contra. ��� �