Bernards
Bernards v. Johnson
Opinion
Lead Opinion
Mathews, J.
This appeal is from two’ orders, both entered on May 10, 1938, in a proceeding under section 75 of the Bankruptcy Act, 11 U.S.C.A. § 203 . The principal question is whether appellants, Martin J. Bernards and Lena Bernards (husband and wife), are entitled to possession of the 16 parcels of land hereinafter described.
Appellants commenced this proceeding-on August 10, 1934, by filing a petition which stated that they derived their entire *569 income from farming operations; that said operations occurred in Washington County, Oregon; that appellants were unable to meet their debts as they matured; that they desired to effect a composition or extension under section 75 of the Bankruptcy Act; and that the schedules annexed to the petition contained a full and true statement of their debts and an accurate inventory of their property, real and personal. The petition prayed that it be approved by the court, and that proceedings be had in accordance with section 75.
The property listed in appellants’ schedules included 16 parcels of land, numbered 1 to 16, inclusive, in Washington County, Oregon. Long prior to the filing of appellants’ petition, parcel 15 had been mortgaged to appellee…