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IN RE ELY

No. 12666.

28 F.2d 86 (1928)

In re ELY.

District Court, W. D. Pennsylvania.

June 21, 1928.

Attorney(s) appearing for the Case

John M. O'Connell, of Jeannette, Pa., for bankrupt.

Carroll Caruthers, of Greensburg, Pa., for Irwin Savings & Trust Co.

A. H. Kaufman and M. D. Wedner, both of Pittsburgh, Pa., and Chas. C. Hileman, Jr., of Greensburg, Pa., for receiver and trustee.

GIBSON, District Judge.

Upon a judgment and levy made prior to bankruptcy, the sheriff of Westmoreland county sold certain real estate of the bankrupt. After satisfaction of the judgment and payment of costs, $948.44 remained in the hands of the sheriff, who filed his schedule of distribution in the court of common pleas of Westmoreland county, wherein he set out a note mentioned as payable to the Irwin Savings & Trust Company. The judgment of the Irwin Savings...

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