Legal Opinion

In re Beiseker & Martin

District Court, D. Montana

Decided October 25, 1921No. 2303PublishedCited by 1 opinion

In Bankruptcy. Involuntary proceedings against Beiseker & Martin, alleged involuntary bankrupts.

1Opinion of the Court

BOURQUIN, District judge.

[1-3] In these involuntary proceedings in bankruptcy, there is but one issue, viz.: Were defendants not engaged chiefly in farming or tillage of the soil when they committed the act of bankruptcy counted upon? That is the vital time (In re Folkstad [D. C.] 199 Fed. 363; Harris v. Tapp [D. C.] 235 Fed. 918), ancl the burden is upon petitioners t,o establish that respondents are of those subject to be adjudged involuntary bankrupts.

The evidence is that in 1916 respondents entered into partnership lor the purpose of leasing and farming some thousands of acres of lands.…

2Cases cited4 opinions

  1. Continental & Commercial Trust & Savings Bank v. Chicago Title & Trust Co.Supreme Court of the United States · 1913
  2. Brown v. W. H. Kenworthy & SonCourt of Appeals for the Ninth Circuit · 1918
  3. In re FolkstadDistrict Court, D. Montana · 1912
  4. Harris v. TappDistrict Court, S.D. Georgia · 1916

3Cited by1 opinion

  1. In re InmanDistrict Court, D. Wyoming · 1932

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