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BURNHAM v. TODD

No. 10787.

139 F.2d 338 (1943)

BURNHAM et al. v. TODD.

Circuit Court of Appeals, Fifth Circuit.

Motion to Reform Judgment Denied January 19, 1944.

Attorney(s) appearing for the Case

J. Cleo Thompson, of Dallas, Tex., and H. P. Smead, of Longview, Tex., for appellants.

H. S. Lattimore, H. C. Ray, and Earnest E. Sanders, all of Fort Worth, Tex., for appellee.

Before SIBLEY, HOLMES, and WALLER, Circuit Judges.

SIBLEY, Circuit Judge.

An involuntary proceeding in bankruptcy was instituted in the District Court for the Northern District of Texas against Harry W. Elliott. There was never an adjudication. Elliott in his answer invoked the then recently enacted Section 74 of the Bankruptcy Act, 11 U.S.C.A. § 202, and sought a composition and extension of his debts. On May 3, 1933, the court appointed Walter A. Todd custodian under Section 74, sub. b, with full authority...

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