Legal Opinion

J. Clarke Smith and Margaret D. Smith v. Edwin E. Hill

Court of Appeals for the Ninth Circuit

Decided May 28, 1963No. 17995_1PublishedCited by 34 opinions

1Opinion of the Court

BROWNING, Circuit Judge.

On March 1, 1952, appellants sold certain real and personal property to appellee under a conditional sales contract, the validity of which is not questioned. Appellee defaulted. On June 2, 1961, appellants brought suit in the Superior Court of the State of California to foreclose appellee’s rights under the contract. The Superior Court appointed a receiver who took possession of the property. On September 27, 1961 (within four months of the filing of the state court action) appellee filed a petition in the United States District Court under Chapter XI of the Bankruptcy…

2Cases cited25 opinions

  1. Thompson v. Magnolia Petroleum Co.Supreme Court of the United States · 1940
  2. Straton v. NewSupreme Court of the United States · 1931
  3. Bailey v. Baker Ice MacHine Co.Supreme Court of the United States · 1915
  4. Wayne United Gas Co. v. Owens-Illinois Glass Co.Supreme Court of the United States · 1937
  5. Pfister v. Northern Illinois Finance Corp.Supreme Court of the United States · 1942

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3Cited by34 opinions

  1. Federal's, Inc. v. Edmonton Investment Co.Court of Appeals for the Sixth Circuit · 1977
  2. In Re Shoppers Paradise, Inc.United States Bankruptcy Court, S.D. New York · 1980
  3. In Re the Huntington Limited, a Limited Partnership, Dba the Sheraton Beach Inn, Dba Driftwood Beach Club, Debtor-Appellee. Robert A. Fisher, Receiver v. City of Huntington Beach, a Municipal Corporation of the State of California and the Huntington Limited, a Limited Partnership, Dba the Sheraton Beach Inn, Dba Driftwood Beach Club, City of Huntington Beach, a Municipal Corporation of the State of California v. The Huntington Limited, a Limited Partnership, Dba Sheraton Beach Inn, Dba Driftwood Beach Club, Debtor, and Robert A. Fisher, Receiver, DefendantsCourt of Appeals for the Ninth Circuit · 1981
  4. In Re Neil Lafortune and Janice Lafortune, Bankrupts. Neil Lafortune and Janice Lafortune v. Naval Weapons Center Federal Credit UnionCourt of Appeals for the Ninth Circuit · 1981
  5. Diamond Z Trailer, Inc. v. JZ L.L.C. (In re JZ L.L.C.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2007

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