McLaughlin Land & Livestock Co. v. Bank of America Nat. Trust & Savings Ass'n

On January 25, 1938, we affirmed a judgment which, on petition of appellee, dismissed a proceeding by appellant under § 75 of the Bankruptcy Act, 11 U.S.C.A. § 203 . 1 On December 16, 1939, appellant commenced a new proceeding under § 75. Appellee petitioned the court to dismiss this proceeding. The petition was referred to a special master. The master heard it and submitted his report, recommending that the proceeding be dismissed. Appellant excepted to the master’s report. The court overruled the exceptions, approved the report and dismissed the proceeding. From the judgment of dismissal this appeal is prosecuted.

Section 75 applies only to farmers and “to partnerships, common, entirety, joint, community ownerships, or to farming corporations where at least 75 per centum of the stock is owned by actual farmers.” 2 No one else is entitled to commence or maintain a proceeding under § 75. If commenced by anyone else, such a proceeding will be dismissed, 3 for jurisdiction to entertain a proceeding so commenced has not been vested in any court.

*194 Appellant never claimed to be a farmer, a partnership or a common, entirety, joint or community ownership. Its petition alleged…