Haun
Haun v. Second Alliance Trust Co.
Opinion
Lead Opinion
Healy, J.
This appeal is from an order granting a reappraisal in a proceeding under § 75, sub. s, of the Bankruptcy Act, 11 U.S.C.A. § 203 , sub. s.
Appellant, herein sometimes called the debtor, contracted to purchase a tract of farm land from appellee for $5,000. In 1940 appellee brought an action to foreclose the contract because of defaults of the debtor. Thereupon the latter had recourse to proceedings under § 75, and was adjudicated a bankrupt pursuant to subdivision s of the section. The farm in question was thereafter appraised at $1,800, and on August 30, 1941, an order was made by the court continuing the debtor in possession, fixing the amount of the annual rental and staying all proceedings for a period of three years.
On August 31, 1944, one day after the termination of the three-year period, the debtor paid into court the amount for which the property had been appraised. On the same day, without notice to appel-lee, the referee made an order turning over title and possession to the debtor, free and clear of encumbrances. Promptly upon learning of these occurrences appellee sought a review of the order of August 31, and on September 14, 1944, filed with -the referee a…