In re Schermerhorn

SCHWELLENBACH, District Judge.

This comes before me on exceptions to the report of the Conciliation Commissioner in which he denied the petition of the Oregon Mortgage Company praying the dismissal of the farm debtor’s petition. The exception is based upon the Mortgage Company’s contention that “the facts found by the Conciliation Commissioner conclusively show as a matter of law that Rollo Schermerhorn was not a farmer at the time he filed his petition herein as defined in Subsection r, Section 75, of the Bankruptcy Act of the United States.” 11 U.S.C.A. § 203, sub. r. The findings of fact to…