IN RE DETROIT MORTGAGE CORPORATION

No. 4396.

12 F.2d 889 (1926)

In re DETROIT MORTGAGE CORPORATION. Petition of DELAND.

Circuit Court of Appeals, Sixth Circuit.

May 19, 1926.


Attorney(s) appearing for the Case

Lee E. Joslyn, of Detroit, Mich. (Joslyn, Joslyn & Joslyn, of Detroit, Mich., on the brief), for appellant.

John C. Bills, of Detroit, Mich. (Stevenson, Butzel, Eaman & Long, of Detroit, Mich., on the brief), for appellee.

Before DENISON, MACK, and MOORMAN, Circuit Judges.


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

1. It is not contested that, but for the agreement of the parties, the receiver's fees would have been charged, at least primarily, to the petitioning creditors on a dismissal of their petition, and that they are to be paid in this case out of the estate only because of the agreement of the parties. The real question, therefore, is whether or not sections 48 and 72 limit such fees, when payable, not out of the...

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