WOLFHEIM v. STATE OF SOUTH DAKOTA

No. 13031.

150 F.2d 1005 (1945)

WOLFHEIM v. STATE OF SOUTH DAKOTA.

Circuit Court of Appeals, Eighth Circuit.

Motion to Modify Denied September 11, 1945.


Attorney(s) appearing for the Case

M. C. Lasell, of Aberdeen, S. D., for appellant.

W. O. Knight, Asst. Atty. Gen., of South Dakota (George T. Mickelson, Atty. Gen., on the brief), for appellee.

Before GARDNER, JOHNSEN and RIDDICK, Circuit Judges.


JOHNSEN, Circuit Judge.

Appellant, a farmer in bankruptcy under section 75, sub. s, of the Bankruptcy Act, 11 U.S.C.A. § 203, sub. s, sought to redeem his land by paying into court, pursuant to sub. s(3), the amount for which it had been appraised in the proceeding. Appellee, a mortgagee of the land, thereupon filed an application to have the property sold instead at public auction. The court granted appellee's application, on the ground that the right of a secured...

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