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GARBER v. BANKERS' MORTGAGE CO.

No. 834-N.

27 F.2d 609 (1928)

GARBER v. BANKERS' MORTGAGE CO. et al.

District Court, D. Kansas, First Division.

July 17, 1928.

Attorney(s) appearing for the Case

McClintock, Quant & Logan, of Topeka, Kan., and Turner, Stanley & Turner, of Mankato, Kan., for plaintiff.

Burch, Litowich & Royce, of Salina, Kan., for defendants.

R. C. Postlethwaite, of Mankato, Kan., for Glen Pearcy, the bankrupt.

McDERMOTT, District Judge.

This action presents a question of far-flung importance in the business affairs of this state. That question is: Does an equity of redemption in otherwise nonexempt real estate pass to the trustee in bankruptcy for the benefit of his creditors? Or, may a man, equipped with the right to redeem, go into bankruptcy, be discharged from all his debts, and, having exercised the right after the petition...

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