ROBINSON v. KAY

No. 4537.

7 F.2d 576 (1925)

ROBINSON v. KAY.

Circuit Court of Appeals, Ninth Circuit.

August 3, 1925.


Attorney(s) appearing for the Case

Frear, Prosser, Anderson & Marx and W. F. Frear, all of Honolulu, Hawaii, for appellant.

Arthur Withington, of Honolulu, Hawaii, for appellee.

Before GILBERT, HUNT, and RUDKIN, Circuit Judges.


RUDKIN, Circuit Judge (after stating the facts as above).

It is conceded that the foreclosure sale was made in conformity with the statute of the territory and the power of sale contained in the mortgage, and was in all respects valid, unless invalidated by the mere filing of the involuntary petition in bankruptcy against the mortgagor between the date of publishing the notice of sale and the date of sale. The appellee contends that the mortgaged property was in custodia...

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