Title & Trust Co. v. Wernich

WILBUR, Circuit Judge.

This is an appeal from an order of the District Court, sitting in bankruptcy, denying the petition of the Title & Trust Com pany for leave to institute foreclosure proceedings in the Circuit Court of the state of Oregon upon certain real estate owned by the bankrupt subject to a mortgage or trust deed executed by the predecessor in interest of the bankrupt to the Title & Trust Company, as trustee, to secure $50,000 owing to the Hibernia Commercial & Savings Bank, cestui que trust. The order denying the petition was qualified as follows:

“The petition * * * is denied until…