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UNION LAND BANK v. BYERLY

No. 579.

310 U.S. 1 (1940)

60 S.Ct. 773

84 L.Ed. 1041

UNION JOINT STOCK LAND BANK OF DETROIT v. BYERLY.

Supreme Court of United States.

Decided April 22, 1940.

Attorney(s) appearing for the Case

Mr. Ralph G. Martin, with whom Mr. A.G. Masters was on the brief, for petitioner.

Messrs. Elmer McClain and William Lemke for respondent.

MR. JUSTICE ROBERTS delivered the opinion of the Court.

September 1, 1932, the petitioner instituted a mortgage foreclosure suit against respondent in the Common Pleas Court of Madison County, Ohio. The cause was prosecuted to judgment and advertisement was made of a sheriff's sale of the property to take place November 24, 1934.

November 19, 1934, the respondent filed his petition in the United States District Court under § 75 of the Bankruptcy Act,...

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