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PETITION OF COX

No. 2039.

15 F.2d 764 (1926)

PETITION OF COX. In re GINESTI.

Circuit Court of Appeals, First Circuit.

November 23, 1926.

Attorney(s) appearing for the Case

E. Stuart MacMillan, of Boston, Mass. (Barker, Davison & Shattuck, of Boston, Mass., on the brief), for petitioner.

Samuel W. Wolcott, of Boston, Mass., (Henry L. Wadsworth, of Boston, Mass., on the brief), for respondent.

Before BINGHAM, JOHNSON, and ANDERSON, Circuit Judges.

ANDERSON, Circuit Judge.

By this petition to revise the petitioner seeks a reversal of the decision of the District Court that rents collected by a mortgagee who made entry to foreclose after petition filed but before adjudication, cannot be recovered from the mortgagee by the trustee in bankruptcy of the mortgagor.

The involuntary petition was filed April 2, 1925. Eight days later Thurston, the mortgagee, made an entry to foreclose certain second mortgages...

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