Hoyd v. Citizens Bank of Albany Co.

ALLEN, Circuit Judge.

This is an appeal from an order of the District Court dissolving a restraining order issued in a proceeding filed under section 75(a) to (r) of the Bankruptcy Act, 47 Stat. Í470- 1 An action had previously been filed in the state court to foreclose a mortgage upon some 226 acres of farm land and a foreclosure decree had been entered in favor of appellee (the mortgagee), and sale had been ordered. Ap-pellee bought in the property at the foreclosure sale. Before confirmation of sale by the state court, appellant (the mortgagor) filed his debtor’s petition in the District…