Moser

Petitioners, having been adjudged bankrupt, continued in possession of a certain farm under a “rental” order after appraisal in accordance with Sec. 75, sub. s, of the Bankruptcy Act, as amended by the Act of August 28, 1935, 49 Stat. 943 , 11 U.S. C.A. § 203, sub. s.

Subsequently petitioners requested a reappraisal as provided for in subdivision 3 of § 203, sub. s, and an appraiser was appointed who fixed and duly reported the value of the farm to be the sum of $9,000. No objection, exception or appeal was ever made or filed thereto, and no action was taken by the conciliation commissioner regarding such appraisal except to notice a hearing before himself at which hearing several witnesses, including the person who made the reappraisal, gave testimony, and thereafter the commissioner fixed the value of the farm at the sum of $12,000. The Judge of the Bankruptcy Court upon review of the proceedings received the transcript of such hearing with the commissioner’s certificate, and without further evidence approved and confirmed the commissioner’s conclusion as to the value of the farm. Petitioners appeal upon the ground that the statutory procedure has not been followed; that the…