Supreme Court of the United States
Union Joint Stock Land Bank of Detroit v. Byerly
April 22, 1940310 U.S. 1
Summary
The Supreme Court reversed the Sixth Circuit, holding that the district court's order permitting the sheriff's sale was voidable—not void—and that the sale was not void; the termination of the bankruptcy case restored state court jurisdiction, and the bankruptcy court properly reinstated the case and could consider its merits. Justice Black, Douglas, and Murphy dissented, arguing the dismissal terminated the proceeding.
Holding
- Whether the district court's order permitting the sheriff's sale was void or voidable. The order was voidable, not void
- Whether the sheriff's sale was void. The sale was not void
- Whether termination of the bankruptcy proceeding restored state court jurisdiction over the foreclosure suit. Termination restored state court jurisdiction, making the foreclosure proceeding effective as if no bankruptcy had existed
- Whether the bankruptcy court could reinstate the dismissed case and consider its merits. The bankruptcy court may reinstate the case and consider its merits after dismissal
Docket 579
Cited authorities
- 47 Stat. 1467
- 48 Stat. 1289
- 49 Stat. 942
Cited by
- Wragg v. Federal Land Bank of New Orleans
- Wheat v. Texas Land & Mortgage Co., Limited
- Morton Abrams and Harold J. Abrams v. Royce J. Moore and Rosa L. Moore, His Wife
- Stensrud v. Federal Land Bank of St. Paul
- In Re Monjon. Monjon v. Equitable Life Assur. Soc. of United States
- Layton v. Thayne
- Bastian v. Erickson
- Buttars v. Utah Mortgage Loan Corporation Utah Mortgage Loan Corporation v. Buttars