Holland v. Bartholomew

DAVIS, Circuit Judge.

This is an appeal from an order of the District Court allowing the appellant, who is trustee in bankruptcy, to intervene in foreclosure proceedings instituted in the state court by the appellee, and vacating its previous order which .enjoined the appellee from further prosecuting that suit.

The appellant contends that certain machinery and office equipment used in the mortgaged property belonged to the estate of the debtor, Owners’ Mutual Tire Factories, Inc., free and clear of the mortgage lien, and therefore the appellee should not have been allowed to continue the…