Buschmann v. Nickey
Court of Appeals for the Seventh Circuit
Petition to Review and Revise an Order in Bankruptcy of the United States District Court for the Eastern District of Wisconsin; Arthur E. Sanborn, Judge. In the matter of bankruptcy proceedings of the Britannia Mining Company. Original petition to review and revise an order (197 Eed. 459) reversing a referee’s order denying the petition of a creditor to set aside a sale of certain of the bankrupt’s real estate in - Montana subject to a mortgage.
1Opinion of the Court
BAKER, Circuit Judge.
Britannia Company, the bankrupt herein, had title to real estate, located in Montana, which, prior to adjudication of bankruptcy, had been sold on mortgage foreclosure to respondent Nickey. At a sale of the bankrupt’s assets, conducted by the trustee in Milwaukee, Wis., petitioner Buschmann was the purchaser of the equity of redemption of the Montana real estate and received the trustee’s deed therefor. Subsequently on motion of respondent Nickey the District Court annulled the deed and vacated the sale as being void for noncompliance with Act March 3, 1893, c. 225, 27…
2Cases cited4 opinions
- Babbitt v. DutcherSupreme Court of the United States · 1910
- Robertson v. HowardSupreme Court of Kansas · 1910
- In re EdesDistrict Court, D. Maine · 1905
- In re National Mining Exploration Co.District Court, D. Massachusetts · 1911
3Cited by3 opinions
- Barringer v. LilleyCourt of Appeals for the Ninth Circuit · 1938
- Georgouses v. GillenCourt of Appeals for the Ninth Circuit · 1928
- Myers v. MatleyCourt of Appeals for the Ninth Circuit · 1942