Bergin v. Kiron State Bank

RIDDICK, Circuit Judge.

This is an appeal from a judgment striking certain real estate from the schedules of the appellant in an action brought by him under section 75 of the Bankruptcy Act, 11 U.S.C.A. § 203. The judgment of the bankruptcy court was based upon its finding that the debtor, the appellant here, had no right, title, or interest in the real estate at the time his petition was filed.

The record discloses that on the 26th day of October, 1942, the appellant filed his petition and schedules in the bankruptcy proceeding, listing among his assets the real property in controversy,…