Kerry v. Schneider

239 F.2d 896 Ruth B. KERRY, Appellant, v. Joseph R. SCHNEIDER, Trustee in Bankruptcy of Harold Edwin Kerry and the Community of Harold Edwin Kerry and Ruth B. Kerry, his wife, Bankrupts, Appellee. No. 14533. United States Court of Appeals Ninth Circuit. October 26, 1956. Bogle, Bogle & Gates, Arthur G. Grunke, Seattle, Wash., for appellant. Stanley J. Krause, Aberdeen, Wash., for appellee. Before STEPHENS, POPE and FEE, Circuit Judges. JAMES ALGER FEE, Circuit Judge. 1 On October 5, 1953, Harold E. Kerry and the community consisting of himself and his wife were adjudicated bankrupt on voluntary petitions. Ruth Kerry, the wife, who was not adjudicated in her individual capacity, filed a petition to require Schneider, who was trustee of the bankrupt, to abandon the right, title and interest of Kerry in a partnership and to allow her to foreclose a purported "pledge" thereon. The petition was denied by the referee, and the District Court affirmed. Appeal by Ruth Kerry followed. 2 The history of the transaction follows. Bankrupt was the owner of about 51% of the issued shares of stock in West Tenino Lumber Company, a corporation. Ruth Kerry, considerably before the time here…