Dunn

On April 30, 1932; EL Ward Dawson was adjudicated a bankrupt in the District Court. Thereafter appellant filed with the referee in bankruptcy a petition in reclamation, setting forth that on April 13, 1932, the bankrupt borrowed from appellant the sum of $1,147; that on said date, as evidence of the loan, the bankrupt made, executed, and delivered to appellant his promissory note in the sum of $1,147; that on said date, simultaneously with the execution of the note and as security for the payment thereof, the bankrupt executed and delivered to appellant a chattel mortgage upon a certain Cadillac automobile; that the bankrupt had failed to make any payment upon said note; “that in accordance with the option contained in said chattel mortgage in the event of the failure to make payments when they become due, or in the event of the adjudication as a bankrupt of the mortgagor (bankrupt herein), your petitioner has elected to take possession of said automobile and to sell the same in accordance with the provisions of Paragraph 101 of said chattel mortgage;” and petitioner prayed for an order requiring the trustee in bankruptcy to pay to petitioner the amount of the promissory note…