Legal Opinion
Wolfheim v. South Dakota
Court of Appeals for the Eighth Circuit
Decided August 8, 1945No. 13031PublishedCited by 5 opinions
1Opinion of the Court
JOHNSEN, Circuit Judge.
Appellant, a farmer in bankruptcy under section 75, sub. s, of the Bankruptcy Act, 11 U.S.C.A. § 203, sub. s, sought to redeem his land by paying into court, pursuant to sub. s(3), the amount for which, it had been appraised in the proceeding. Appellee, a mortgagee of the land, thereupon filed an application to have the property sold instead at public auction. The court granted appellee’s application, on the ground that the right of a secured creditor to demand a sale of the lien property at public auction was paramount to the right of the farmer-bankrupt to redeem for…
2Cases cited3 opinions
- Wright v. Vinton Branch of Mountain Trust Bank of RoanokeSupreme Court of the United States · 1937
- Wright v. Union Central Life InsuranceSupreme Court of the United States · 1941
- In Re CarterDistrict Court, W.D. Virginia · 1944
3Cited by5 opinions
- Chaney v. StoverCourt of Appeals for the Fourth Circuit · 1946
- Beecher v. Leavenworth State BankCourt of Appeals for the Ninth Circuit · 1951
- Worley v. WahlquistCourt of Appeals for the Eighth Circuit · 1945
- State v. SzarkowskizCourt of Appeals for the Eighth Circuit · 1945
- Parker v. United States. In Re Parker. Andrews v. United States. In Re AndrewsCourt of Appeals for the Tenth Circuit · 1950