In re Campbell

Barbara Campbell, the bankrupt, filed her petition under Section 75 of the Bankruptcy Act, 11 U.S.C.A. § 203 , on April 12, 1935. Unable to effect a composition and extension, she filed an amended petition under Section 75, sub. s, 11 U.S.C.A. § 203 , sub. s, and was adjudicated a bankrupt on September 28, 1935. The claim of Corporation of America was filed in the proceedings. On December 14, 1935, an order was made restraining proceedings against the bankrupt for a period of three years. Corporation of America was and is in possession of the real property of the bankrupt in accordance with an agreement made on June 28, 1934, prior to the institution of the proceedings.

The agreement states: “Said land and the trees thereon are in a condition of neglect by reason of insufficient irrigation, cultivation, and the doing of other things necessary for their proper maintenance and protection.”

It provides also: “1. The borrower agrees that the lender by its agents and employees, may immediately enter upon and take possession of said land and the improvements thereon, and that while in such possession the lender may irrigate, cultivate, fertilize and otherwise care for said land and…