McGoldrick

On February 17, 1941, this court handed down its opinion in the above-entitled cause, affirming two orders of the United *748 States District Court for the District of Oregon in proceedings under Section 75 of the Bankruptcy Act, as amended, 11 U.S. C.A. § 203.

Thereafter, this court upon its own motion vacated its opinion hereinabove referred to and ordered the matter set down for further argument.

We have now fully considered the matter in conjunction with the arguments of counsel upon the rehearing, and find no cause for making essential changes in our first opinion, although for clarity we have extended the facts and have changed the text and have made certain additions to it.

Proceedings under Section 75 of the Bankruptcy Act, as amended, 11 U.S.C.A. § 203 . During 1927 Henry McGoldrick and Lettie M. McGoldrick, his wife, became indebted to the assignor of the appellee herein in the sum of $25,000, and gave as security for the debt a first mortgage on certain farm lands owned by them in Oregon. They became in default and oh February 7, 1935, appellee instituted action in the Oregon state courts to foreclose the mortgage. On September 24, 1935, Henry McGoldrick filed his…