ROSS v. CAREY

No. 12577.

174 F.2d 872 (1949)

ROSS v. CAREY. In re BROOME.

United States Court of Appeals Fifth Circuit.

Rehearing Denied July 6, 1949.


Attorney(s) appearing for the Case

Ray M. Watson, Irving E. Lewis, Miami, Fla., for appellant.

B. E. Carey, Wm. Clinton Green, Miami, Fla., for appellee.

Before HUTCHESON, SIBLEY, and HOLMES, Circuit Judges.


SIBLEY, Circuit Judge.

On January 22nd, 1948, on his voluntary petition William Franklin Broome was adjudged a bankrupt, a receiver was appointed, and a stay order was granted ex parte to stop the Sheriff from executing a writ of possession against the bankrupt which issued from a State Court of Florida to enforce a sale under a decree foreclosing a mortgage on the bankrupt's home. On January 27, 1948, appellant Ross, the purchaser at the sale, petitioned the bankruptcy...

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