Prudential Life Ins. Co. of America v. Witthoft

SPARKS, Circuit Judge.

This is an appeal from an order entered in the course of proceedings under section 75 of the Bankruptcy Act, 11 U.S.C.A. § 203. Appellant is a creditor of the debtor, holding a mortgage on his farm which had been foreclosed prior to the institution of the proceeding, although a master’s deed had not then issued. In its brief appellant stated that the only question involved was: “May the District Court * * under any provision of Section 75 of the Bankruptcy Act as amended, 11 U.S.C.A. § 203, or otherwise, restrain appellant from the use and control of real property, which…