McColgan
McColgan v. Clark
Opinion
Lead Opinion
Rudkin, J.
November 16, 1917, one Snyder was adjudicated a voluntary bankrupt. December 1, 1917, a trustee of the estate was elected and appointed. January 15, 1918, the trustee filed Ms report, showing no assets, other than $100 of exempt property, and on the same day the report of the trustee was approved, the trustee discharged, and the estate closed. February 2, 1918, an order, of discharge was entered. October 3, 1923, the estate was reopened on ex parte application of - one claiming to be a creditor of the bankrupt. The petition to reopen alleged:
October 15, 1923, the petitioner, MeColgan, moved the court to vacate and set aside the order reopening the estate. The petition to vacate was supported by an affidavit setting forth that the petitioner is-the owner and seized in fee simple absolute of a vested remainder in fee in the property referred to in the petition to reopen; that the bankrupt has no right, title, or interest therein; that the petition to reopen was not filed within the time limited by law, and othfr matters not deemed material here. The petition to vacate was heard on affidavits and denied, and the ease has been brought here by petition to review. The petitioner has…