Kohn v. Dahlem

Opinion op the Court by

Judge Cammack

Affirming.

This litigation involves the question as to whether a_ sale of real property made by the banking commissioner or his agent in the liquidation of an insolvent bank becomes a judicial sale when it is reported to and confirmed by the court. The action was brought originally by the appellant, the plaintiff below, as an ordinary action, but was later transferred to equity over his objection. A demurrer was sustained to the appellant’s petition as amended, and upon his failing to plead further his petition was dismissed; hence this appeal.

In his opinion…