Beecher

Beecher v. Leavenworth State Bank

Good Law
209 F.2d 20·1953 U.S. App. LEXIS 3747
United States Court of Appeals for the Ninth CircuitDecember 24, 195313693, 13937, 14020-14028California1,358 words

Opinion

Opinion

Denman, J.

Beecher is seeking a ruling by this court on that which he terms “a jurisdictional point of law in section 75(s) [ 11 U.S.C.A. § 203 (s) ] proceedings” which requires that all proceedings subsequent to an alleged tender of redemption be set aside as beyond the jurisdiction of the court.

Although all but one of the appeals (No. 13,693) in which Beecher seeks this ruling have been dismissed, we shall consider the question at this point because of its importance to the protracted Beecher litigation.

In 1939, Beecher, a farmer, found himself in financial difficulties and instituted proceedings under section 75(a-r) of the Bankruptcy Act. Unable to secure the assent of his creditors to an offer of composition, Beecher filed an amended petition under section 75 (s) of the Act and was adjudicated a bankrupt farmer-debtor on February 1, 1940. He remained in possession of his property under a stay and rental order later declared Void by this court until July, 1943, when, because of his neglect of the property, a receiver was put in possession of the orchard property involved. The receiver’s possession was terminated and appellant was restored to possession on May 6, 1946. On August 16,…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.