In re Wagner

NORDBYE, District Judge.

For many years prior to March 17, 1941, Herbert C. Wagner, the farmer-debtor herein, owned a farm which was incumbered with a mortgage held by the State of Minnesota. On March 17, 1941, he was in default upon that mortgage in the sum of $9,763.74, including interest; so on that date the State commenced a foreclosure proceeding against the farm. At that foreclosure sale, the farm was duly sold to one A. J. Spanjers, the moving creditor herein. He received a sheriff’s certificate of sale, which was promptly filed on May 12, 1941.

On April 11,1942 — one month prior to the…