Hirlinger v. Boyd
Court of Appeals for the Ninth Circuit
Upon Petition for Revision from the District Court of the United States for the District of Idaho, Northern División; Frank S. Dietriclc, Judge. In the matter of the Dane Lumber Company, Limited, bankrupt, Samuel L. Boyd, trustee. Petition by Johanna Hirlinger to revise an order denying her petition for the allowance of her claim as a secured debt.
1Opinion of the Court
VAN FLEET, District Judge.
The petitioner filed her proof of claim against the bankrupt estate for the balance remaining unpaid on the purchase price of certain lands sold to the bankrupt, in an amount exceeding $500, as an unsecured debt, and the claim was allowed; thereafter she filed a petition asking leave to withdraw the proof of the claim as an unsecured debt and to substitute therefor proof of the same as a debt secured by a vendor’s lien on the land sold. The trustee objected to her right to make the substituted proof, but upon hearing the referee granted it, and thereupon the trustee…
2Cases cited3 opinions
- Coder v. ArtsSupreme Court of the United States · 1909
- Matter of LovingSupreme Court of the United States · 1912
- In re MuellerCourt of Appeals for the Sixth Circuit · 1905
3Cited by5 opinions
- In Re Jayrose Millinery Co.Court of Appeals for the Second Circuit · 1937
- Carstens v. McLeanCourt of Appeals for the Ninth Circuit · 1923
- Federal Housing Adm'r v. MooreCourt of Appeals for the Ninth Circuit · 1937
- Barringer v. LilleyCourt of Appeals for the Ninth Circuit · 1938
- City of New York v. LattinCourt of Appeals for the Second Circuit · 1937