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FEDERAL LAND BANK OF OMAHA v. DAVIS

No. 12142.

128 F.2d 435 (1942)

FEDERAL LAND BANK OF OMAHA v. DAVIS et al.

Circuit Court of Appeals, Eighth Circuit.

May 15, 1942.

Attorney(s) appearing for the Case

Don C. Young, of Omaha, Neb. (Harold J. Reed, of Omaha, Neb., and J. C. Pryor, of Burlington, Iowa, on the brief), for appellant.

Don K. Walter, of Burlington, Iowa (Jesse L. Thomas, of Burlington, Iowa, on the brief), for appellees.

Before GARDNER, THOMAS, and RIDDICK, Circuit Judges.

RIDDICK, Circuit Judge.

The holder of a sheriff's deed to farm lands, sold under foreclosure proceedings in a state court, appeals from an order of the District Court permitting the farmer debtors to remain in possession of the premises under § 75 of the Bankruptcy Act, 11 U.S.C. A. § 203. The question is whether the debtors had any interest in the lands at the time of the filing of the bankruptcy proceedings.

In February 1931, Andrew Davis and his...

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