Chicago Title & Trust Co. v. Sterba

EVANS, Circuit Judge.

These appeals are from a decree refusing to vacate an order entered in a proceeding instituted by appellee, under section 74 of the Bankruptcy Act (Act March 3, 1933, § 1 [see 11 USCA § 202]), restraining appellant, mortgagee, from foreclosing its mortgage on appellee’s property.

Appellee’s petition, filed July 24, 1933, sought a composition or an extension of time within whieh to pay her debts. Appended to the petition were schedules of debts and of assets. The enumerated secured liabilities included a $70,000 mortgage (evidenced by 164 bonds held by unknown persons; this…