Kaplan v. Guttman

217 F.2d 481 Charles H. KAPLAN, Lillian S. Kaplan, Justin G. Turner, Gertrude Turner, Maurice S. Turner and Rose S. Turner, a co-partnership, doing business as Town Investments, Appellants, v. Max GUTTMAN, debtor, and Anna Lubell, Appellees. No. 13896. United States Court of Appeals Ninth Circuit. Nov. 9, 1954. Loeb & Loeb, Walter S. Hilborn, Los Angeles, Cal., for appellants. Ernest R. Utlay, Wapner & Wapner, Joseph M. Wapner, Los Angeles, Cal., for appellee. Before FEE and CHAMBERS, Circuit Judge, and CLARK, District Judge. JAMES ALGER FEE, Circuit Judge. 1 On March 1, 1948, Charles H. Kaplan and others, a partnership known as 'Town Investments,' here appellants, filed action in the Superior Court of the State of California for Imperial County against Max Guttman and others, seeking to quite title to the 'Smith Ranch.' Anna Lubell appeared there as a defendant and filed answer claiming one-fourth interest in the realty. Max Guttman filed a petition on December 10, 1948, under 75, subs. a to r of the Bankruptcy Act. 1 One-half interest in Smith Ranch was listed as real property in which he claimed a part. The record title to this property was in the Kaplan partnership.…