In re McGrew

GIBSON, District Judge.

On May 11, 1937, Edward McGrew, with a foreclosure threatened, filed a petition as a farmer under Section 75 of the Bankruptcy Act, 11 U.S.C.A. § 203. This petition was dismissed by the District Court because it was established that petitioner was not a farmer. Following the dismissal a mortgagee instituted foreclosure proceedings. McGrew thereupon appealed and the Circuit Court of Appeals sustained the judgment. In the meantime the mortgagee had been enjoined from proceeding by the Court of Common Pleas, although no bond had been posted for a supersedeas. The stay was…