SMITH v. HILL

No. 17995.

317 F.2d 539 (1963)

J. Clarke SMITH and Margaret D. Smith, Appellants, v. Edwin E. HILL, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied May 28, 1963.


Attorney(s) appearing for the Case

Wilson & Wilson and Fred A. Wilson, San Bernardino, Cal., for appellants.

Holcomb, Kassel & Ward and William R. Holcomb, San Bernardino, Cal., for appellee.

Before BARNES, JERTBERG and BROWNING, Circuit Judges.


BROWNING, Circuit Judge.

On March 1, 1952, appellants sold certain real and personal property to appellee under a conditional sales contract, the validity of which is not questioned. Appellee defaulted. On June 2, 1961, appellants brought suit in the Superior Court of the State of California to foreclose appellee's rights under the contract. The Superior Court appointed a receiver who took possession of the property. On September 27, 1961 (within four months of the...

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