Cuccia

At the former hearing, counsel did not discuss the question whether the orders sought to be reviewed were orders made in a controversy arising in bankruptcy, within the meaning of section 24a of the Bankruptcy Act, as amended, 11 U.S.C.A. § 47 (a), or were orders made in a proceeding in bankruptcy, within the meaning of section 24b of the act, as amended, 11 U.S.C.A. § 47 (b). The question was before us and had to be decided. We held, 9 Cir., 90 F.2d 100, 102 , that the orders were made in a proceeding, not in a controversy, and that, therefore, they were not appealable under section 24a. By its petition for rehearing, appellant challenged the correctness of-our ruling. Desiring argument on the question, we granted a rehearing.

As heretofore stated, 90 F.2d 100, 101 , the proceeding commenced by appellee on August 4, 1934, was dismissed on October-14, 1935. Thereafter, on October 17, 1935, appellant purchased at foreclosure sale a tract of land which appellee had, prior to August 4, 1934, conveyed to a trustee, in trust, to secure payment of a promissory note, held by appellant, for $11,850, with interest. 90 F.2d 100, 101 , footnote 3. See, also, Bank of America National Trust &…