Arbogast v. Gottfried

MOORMAN, Circuit Judge.

The bankrupt was a married man living with his wife, and at the time of his bankruptcy owned live stock, farming implements, and machinery .upon which there were a valid first mortgage for $657.73, and a second mortgage to his mother, admittedly preferential, for $1,110. He had no other property of consequence. The property in question was sold at public auction for $1,536.83. The bankrupt’s mother released her mortgage by withdrawing it from the files of the office of the county recorder, and later filed proof of an unsecured claim. The bankrupt asked to be allowed…