The Federal Reporter with Key-Number Annotations, Volume 272: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States and the Court of Appeals in the District of Columbia, June-August, 1921. Page: 118
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272 FEDERAL REPORTER
4. Dower =49 (2)--Wife, renouncing, has no right in land or surplus on sale.
Under the law of South Carolina, a wife, renouncing dower on a mort-
gage executed by the husband, has no right of dower, either in the land or
in the surplus proceeds of a sale made to satisfy the mortgage.
On Petition to Superintend and Revise, in Matter of Law, Proceed-
ings of the District Court of the United States for the Eastern District
of South Carolina, at Charleston, in Bankruptcy; Henry A. Middleton
Smith, Judge.
Proceeding by J. C. Miller, as trustee in bankruptcy of C. A. Baker
and W. A. Gantt, individually and as copartners doing business as the
People's Drug Company, for the sale of land. On a petition by the pur-
chaser, an order was made adverse to Alice Gantt, wife of one of the
bankrupts, and she brings a petition against the trustee and Iredell Jones
and others to superintend and revise. Affirmed.
E. D. Blakeney, of Camden, S. C., for petitioner.
John D. Lee, of Sumter, S. C., and Thomas J. Kirkland, of Camden,
S. C., for respondents.
Before KNAPP and WOODS, Circuit Judges, and WADDILL,
District Judge.
WOODS, Circuit Judge. In October, 1919, C. A. Baker and W. A.
Gantt were adjudged bankrupts, as copartners and individuals. Gantt
owned a tract of 371 acres of land, known as "Scyamore Farm," on
which were several outstanding mortgages executed by him. On each
of these mortgages his wife, Ahce Gantt, had renounced her dower.
Under a petition filed by the trustee, with due notice to the mortga-
gees, the court ordered the land sold free of the liens of the mortgages.
The petitioner, Alice Gantt, wife of the mortgagor, gave notice at the
sale of her claim of dower. Under a petition filed by the purchaser, to,
which Alice Gantt was made a party, the questions were made, first,
whether the purchaser took a good title at the sale free from the claim
of dower; and, second, whether Mrs. Gantt was entitled to an allot-.
ment of dower in the surplus proceeds of the sale.
[1] The power to sell a bankrupt's property free from liens is not
expressly conferred by the statute. But such a sale is often necessary
to the due execution of the power and duty to reduce the assets to mon-
ey and distribute it to creditors. This necessarily implied power of the.
court of bankruptcy as a court of equity has been asserted in numerous
cases. 7 C. J. 231, 359, note.
[2-4] At such sale the purchaser takes the same title as if the sale
were made in any other court of equity to foreclose the mortgages or
to marshal the assets of an insolvent, with all lienholders and other par-
ties in interest before the court. This title is good against the mort-
gagor, the mortgagees, and all their privies, including the wife of the
mortgagor, who has renounced her dower. So, also, the proceeds of
sale come into the hands of the bankrupt court for distribution among
creditors precisely as if the mortgage had been formally foreclosed.
The same incidents attach to the surplus over the lien debts. It is a
s:DFor other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes
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The Federal Reporter with Key-Number Annotations, Volume 272: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States and the Court of Appeals in the District of Columbia, June-August, 1921., legislative document, 1921; Saint Paul, Minnesota. (https://digital.library.unt.edu/ark:/67531/metadc38843/m1/140/: accessed April 23, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.