Beecher

Beecher v. Leavenworth State Bank

Good Law
211 F.2d 158
United States Court of Appeals for the Ninth CircuitApril 12, 195414224_1California1,330 words

Opinion

Opinion

Denman, J.

Beecher now has two motions pending in this court. The first is entitled “Motion for Amendment of Findings and Amendment of Judgment, Under Rules of Civil Procedure Section 52(b) [28 U.S.C.A.],” in which he seeks to amend this court’s decision on his motion for a ruling on “a jurisdictional point of law in section 75(s) proceedings”. Beecher v. Leavenworth State Bank, 9 Cir., 209 F.2d 20, 21 [December 24, 1953]. The second is entitled “Motion by Appellant to Stay the Enforcement and Execution of District Court Orders Until the Final Determination of Proceedings in this Court and Supreme Court on Petition for Certiorari.”

Both of these motions are based upon the same contention — that the money deposited into the court by him plus the money received into the registry of the court during the prolonged existence of this litigation are sufficient to redeem his farm property and should be so applied. The gravamen of this contention is that all moneys collected from the administration of the property during Section 75, sub. s proceedings are available for purposes of redemption.

Section 75, sub. s of the Bankruptcy Act, 11 U.S.C.A. § 203 , provides an orderly procedure whereby a…

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