Rhode
Rhode v. Durst
Opinion
Lead Opinion
Dietrich, J.
The Gillette Realty Company issued four notes, for $10,-000 each, secured by its trust deed. Three of the notes were retired, and upon the fourth $6,000 had been paid at the time the Gillette Company went info bankruptcy. The deed and this fourth note passed into the possession of the trustee, who, learning that the appellant, Mrs. Rhode, claimed some interest in them, upon petition to the bankruptcy court procured an order requiring her to appear and show cause why the deed and note should not be adjudged the unincumbered property of the estate. Due service having been made upon her, she appeared generally, without any objection to the jurisdiction of the bankruptcy com*t, and answered. Whereupon a trial was had, resulting in a finding and order adjudging that she had a vested interest in the securities as collateral to the extent of $200, but not more. On petition for review filed by appellant, an order, and the only final order in the ease, was made by the court below on February 3, 1928, confirming the referee’s action.
The appellant’s “petition on appeal,” by which the record was brought here, in so far as it is material, is as follows: