Rose
Rose v. Bank of America, Nat. Trust & Savings Ass'n
Opinion
Lead Opinion
Haney, J.
This cause presents an appeal by the bankrupt .from an order sustaining a demurrer filed by appellee to a petition filed by the conciliation commissioner for Mer *70 ced county, Cal., in a proceeding under section 75 of the Bankruptcy Act ( 47 Stat. 1470 , see 11 U.S.C.A. § 203 ). The order sustained the demurrer without leave to amend.
Other than the facts stated.in the petition, the fact that section 75 (s) of the Bankruptcy Act ( 48 Stat. 1289 ) was held unconstitutional in Louisville Joint Stock Land Bank v. Radford, 295 U.S. 555 , 55 S.Ct. 854 , 79 L.Ed. 1593 , 97 A.L.R. 1106 , must be noticed.
It appears that appellant had conveyed certain real property to appellee bank by trust deed, and thereafter filed her debtor’s petition under section 75 of the Bankruptcy Act, and was adjudicated a bankrupt under section 75 (s) on November 24, 1934.
On May 27, 1935, section 75 (s) was held unconstitutional by the Supreme Court.
On June 24, 1935, appellee bank caused a sale to be made of the above-mentioned real property, pursuant to the terms of the trust deed, at which sale appellee bank 'became the purchaser ot said property. On September 13, 1935, appellee commenced a quiet…