In re Noel

AEDRICH, District Judge.

This case comes to me for review upon certificate from a referee in bankruptcy.

Mr. Powell, the aggrieved creditor, had a mortgage on Noel’s stock in trade at the time of the adjudication in bankruptcy. For the pur*440pose of enforcing a lien upon the property covered by the mortgage, the creditor instituted proceedings in the state court, not for the purpose of liquidating the amount of indebtedness, but for the purpose of establishing a lien upon the property for the full amount of his claim.

Pending litigation in the state courts, the statutory time for proving claims in…