Receiver v. Fleming

— I. The appellants owned a farm of 245 acres near Tingley. There was a first mortgage on said premises of $15,000, and a second mortgage on 205 acres of said premises, given by the appellants to the Tingley State Savings Bank, intervener, for $6,000. Foreclosure proceedings were started on said mortgage, and appellee-plaintiff was appointed receiver of said real estate. In November, 1924, the appellants filed a petition in bankruptcy, and it appears from oral evidence that they were discharged in bankruptcy on March 23, 1925. A trustee was appointed in the bankruptcy proceeding, and certain…