Dyar v. Stewart

McCORD, Circuit Judge.

This appeal is from an order of the District Court entered on May 2, 1941, vacating and setting aside a sale of real estate made on September 6, 1932, by a trustee in bankruptcy.

We have reviewed the record and found the important facts to be these: On November 28, 1927, W. F. Livingston was adjudicated a voluntary bankrupt. J. Marvin Kelley was appointed and duly qualified as trustee of the bankrupt estate, and on January 14, 1928, was granted permission to join in a suit then pending in the State court for cancellation of a deed bearing, date of November 23, 1926, and…