Shyvers

On October 17, 1938, appellant filed with the United States District Court at Los Angeles a “Debtor’s Petition in the Proceedings Under Section 75 of the Bankruptcy Act”, alleging that she was bona fide personally engaged in producing products of the soil and dairy farming. Pursuant to such petition the District Court made its “Approval of Debtor’s Petition and Order of Reference” under which the petition was approved and the matter assigned to a conciliation commissioner to take further proceedings therein as required by the Act.

Thereafter the appellee, a creditor of appellant, moved for dismissal of the proceedings upon the ground that the appellant was not, in fact, a farmer under the terms of the Act, and therefore was not entitled to the benefits and privileges thereof. After hearing, the court sustained the contention of appellee, and dismissed the proceedings. This is an appeal from said order of dismissal.

Appellant is the owner of 9300 acres of farm land in the County of Santa Barbara, California. She has resided in London, England, continuously since the year 1932, with her husband, whose occupation is that of ship broker and builder. The property formerly belonged to…