Harlan F. Stone

“ It also pointed out that although the interest of a bankrupt joint tenant may be sold in a regular bankruptcy proceeding, the proceedings under § 75, subs. a to r, do not look in the first instance to a sale of the debtor's property or operate to pass title to a trustee or the court, but contemplate maintenance of the status quo by a moratorium pending an adjustment or composition of his debts, and his ultimate emergence from bankruptcy with all his property. ”

“ In all cases one tenant in common or joint tenant can sue his co-tenant.' And it has adopted the Uniform Declaratory Judgments Act under which respondent or petitioners, or either of them, are free to proceed to an adjudication of their rights. 104-64-1 et seq., Revised Statutes of Utah, 1933. We perceive no insurmountable obstacle, if the bankruptcy court is so advised, to the exercise of its jurisdiction so as to permit the parties to ascertain their respective rights by an appropriate proceeding in the state courts. ”

“ In the circumstances of this case it attributed these difficulties to the uncertainty as to the rights of the husband as joint tenant of the contract with his wife and as tenant in common with respondent of the land. The uncertainty arose, it was suggested, from the doubt whether the husband upon effecting an adjustment and compromise with creditors would be entitled to acquire all the land upon payment of the balance of the purchase price, or only to demand half of it on payment of one-half of the purchase money due. ”