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IN RE BAUMGARTNER

Nos. 4520, 4521.

55 F.2d 1041 (1931)

In re BAUMGARTNER. NATIONAL BOND & INVESTMENT CO. v. SCHMIDT. PARK SAV. BANK v. SAME.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied March 18, 1932.

Attorney(s) appearing for the Case

John W. Creekmur and D. E. Hoopingarner, both of Chicago, Ill., and Quarles, Spence & Quarles, of Milwaukee, Wis., for appellant National Bond & Investment Co.

R. S. Witte and John Schlintz, both of Milwaukee, Wis. (Gerald C. Maloney, of Milwaukee, Wis., of counsel), for appellant Park Sav. Bank.

Nathan M. Stein, of Milwaukee, Wis. (L. L. Rieselbach, of Milwaukee, Wis., of counsel), for appellee.

Before ALSCHULER and SPARKS, Circuit Judges, and WOODWARD, District Judge.

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

Under the above statement of facts each appellant claims that it is entitled to receive from the trustee the proceeds now in his hands received from the sale of the automobiles in controversy. On the other hand, the trustee claims that the Company is not entitled to recover the proceeds of the Densky car because the purported mortgage assigned to the Company by bankrupt is a forgery, and the car covered by...

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