Kaplan
Kaplan v. Guttman
Opinion
Lead Opinion
Fee, J.
On March 1, 1948, Charles H. Kaplan and others, a partnership known as “Town Investments,” here appellants, filed action in the Superior Court of the State of California for Imperial County against Max Guttman and others, seeking to quiet title to the “Smith Ranch.” 'Anna Lubell appeared there as a defendant and filed answer claiming one-fourth interest in the realty! Max Guttman filed a petition on December 10, 1948, under § 75, subs, a to r of the Bankruptcy Act. 1 One-half interest in Smith Ranch was listed as real property in which he claimed a part. The record title to this property was in the Kaplan partnership. The partners filed a claim against bankrupt upon a note for $90,000.00, secured by a *483 deed of trust on real property referred to as the A. K. Paul Ranch in Imperial County, California. To this, Guttman filed objections, including allegations as to his right to one-half of Smith Ranch. In these objections he claimed part of his interest really belonged to Anna Lu-bell. On April 17, 1950, Anna Lubell intervened in the conciliation proceeding, reciting the pendency of the action in the state court and setting up a stipulation entered therein which apparently held…