Kerr v. Southwestern Lumber Co. of New Jersey

FOSTER, Circuit Júdge.

The Southwestern Lumber Company, a New Jersey corporation, brought an independent action in equity against A. E. Kerr, a citizen of Texas, trustee of the estate of John H. Kirby, bankrupt, who also is a citizen of Texas, to enjoin a threatened interference by the trustee with an advertised public sale of 29,667 shares of stock of the Kirby Lumber Company, pledged to secure four promissory-notes, owned and held by it and aggregating, with interest, some $3,600,000. The notes were executed by Kirby individually, payable to plaintiff or order, were all due April 1, 1938,…