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SEYMOUR v. WILDGEN

No. 2713.

137 F.2d 160 (1943)

SEYMOUR v. WILDGEN.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied September 7, 1943.

Attorney(s) appearing for the Case

C. E. Chalfant, of Hutchinson, Kan. (Walter F. Jones, Harold R. Branine, and J. Richards Hunter, all of Hutchinson, Kan., on the brief), for appellant.

W. H. Vernon, of Larned, Kan. (Dale Kidwell, of Wichita, Kan., on the brief), for appellee.

Before PHILLIPS, BRATTON, and HUXMAN, Circuit Judges.

BRATTON, Circuit Judge.

This appeal presents the question whether a claim in a bankruptcy proceeding should have been allowed as a preferred claim or only as a common claim. E. P. Seymour owned certain land in Kansas, Milton E. Johnson was the tenant thereon from year to year and raised wheat, and the wheat was divided equally between them. Johnson was indebted to the First National Bank of Larned, Kansas, on five promissory...

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