Edward Terry Sanford

“ And while there is no express provision in the Bankruptcy Act [1] that the cause of action survives the death of a petitioner before adjudication, we think that such survivorship accords with the 'substance of the cause of action' and the nature and purpose of a proceeding in bankruptcy, which is not a mere personal action, but is essentially in the nature of a proceeding in rem for the benefit of all the defendant's creditors. And the filing of the petition brings his property into custodia legis, with a view to a determination of his status and the settlement and distribution of his estate. ”

“ As there is no other provision authorizing the filing of a petition in bankruptcy, it necessarily results that there is no authority under the Act to adjudge a partnership bankrupt except upon its own voluntary petition or upon an involuntary petition filed against it by creditors ”