Simons v. Wells

MACK, Circuit Judge.

The facts are stipulated as follows. More than four months before the petition in bankruptcy was filed, appellant commenced an action against alleged bankrupt in the state court for recovery of certain attorney’s fees, and caused an attachment, which is now a valid lien, to be duly levied on a twenty-year leasehold estate in real property. Within the four months’ period appellant recovered judgment in the action and bad execution levied on the leasehold.

Thereafter, but before the date set for the sheriff’s sale, the petition in bankruptcy was filed, alleged bankrupt denied…