Federal Land Bank of Omaha v. Davis

RIDDICK, Circuit Judge.

The holder of a sheriff’s deed to farm lands, sold under foreclosure proceedings in a state court, appeals from an order of the District Court permitting the farmer debtors to remain in possession of the premises under § 75 of the Bankruptcy Act, 11 U.S.C. A. § 203. The question is whether the debtors had any interest in the lands at the time of the filing of the bankruptcy proceedings.

In February 1931, Andrew Davis and his wife, Ella May Davis, executed a mortgage on their farm in Lee County, Iowa, to Van Allen as security for a loan. In October of the same year, Ella…