Eisele v. Morse

EVANS, Circuit Judge.

Martin Eisele, a petitioning debtor under section 75 of the Bankruptcy Act, as amended (see 11 U.S.C.A. § 203), was denied relief because the real property which constituted the corpus of the debtor’s estate was not within the purview of said section. This conclusion was based on a finding that the relation of mortgagor and mortgagee — a debtor-creditor relation — had ceased to exist. The only question before us is whether the District Court erred in this conclusion.

Eisele was a farmer and operated his own farm, which consisted of two tracts Df eighty acres each. Against…