Thomas v. Spruks

DICKINSON, District Judge.

The fact situation calls for analysis. The proceeding is one under section 77B, Bankr.Act, 11 U.S.C.A. § 207, the Northumberland Mining ’ Company being the debtor. The debtor had leased from the Appellants tracts of land upon which was stored a culm bank or pile of coal. Default having been made in the payment of the rent reserved, the first named Appellant as bailiff for the landlords levied upon the coal pile by way of distraint for rent. The Appellee claimed the coal pile to belong to him. The distraint proceedings were halted by a petition under section 77 B.…