MILLER
v.
HATFIELD, TRUSTEE IN FARMER DEBTOR BANKRUPTCY, ET AL.
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A farmer-debtor's farm was sold through bankruptcy proceedings under Section 75 of the Bankruptcy Act, and the sale was confirmed by the District Court. The Supreme Court reversed the Circuit Court of Appeals' dismissal of the farmer's appeal, holding that if the purchaser at the sale was deemed a necessary party to the appeal, the court was required to issue a citation to bring the purchaser before it rather than simply dismissing the appeal.
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Per Curiam.
This proceeding was instituted by a farmer-debtor pursuant to § 75 of the Bankruptcy Act. Under an order of the District Court, approving an order of the conciliation commissioner, petitioner’s farm was sold to one of the co-trustees of a mortgage upon the property and the sale was confirmed by the District Court.
A petition for rehearing, was denied. Upon appeal to the Circuit Court of Appeals, that court found that the purchaser at the sale was not a party to the appeal and dismissed it. Petitioner sought a rehearing upon the ground that the purchaser had actual notice of the appeal and had appeared in the Court of Appeals joining in an objection to an enlargement of time for filing the record, and also seeking appointment of a receiver or an additional supersedeas bond. Petitioner also asked that-if it be considered that the purchaser was not already before the court, a citation should be issued to bring him in. The Court of Appeals denied both applications. Certiorari was granted, 308 U. S. 534.
We are of the opinion that the action of the Court of Appeals was erroneous. If the court deemed the purchaser to be a necessary party and not before the court, the motion to issue a citation to him should have been granted. R. S. 954, 28 U. S. C. 777. Dodge v. Knowles, 114. U. S. 430, 438; Knickerbocker Life Insurance Co. v. Pendleton, 115 U. S. 339; In re Knox-Powell-Stockton Co., 97 F. 2d 61.
The decree is reversed and the cause is remanded to the Circuit Court of Appeals for further proceedings in conformity with this opinion.
Reversed.
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In re Miller. Miller v. Hatfield, 111 F.2d 28 (6th Cir. 1940)…HAMILTON, Circuit Judge. The above appeal was dismissed pursuant to per curiam opinion, 6 Cir., 101 F. 2d 748, because of the absence of Clayton C. Wehrly, a necessary party. -The Supreme Court on January 15, 1940, reversed. 60 S.Ct. 374, 84 L.Ed. -. Wehrly having entered his appearance, the cause is resubmitted. The appeal is from a decree of the District Court ordering a sale of the bankrupt's farm under Section 75, sub. s(3) of the Bankruptcy Act, 49 Stat. 942-945, 11 U. S.C.A.…
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Beecher v. Leavenworth State Bank, 211 F.2d 158 (9th Cir. 1954)…ary to protect the jurisdiction of this court. Beecher may protect himself against the questions involved becoming moot upon expiration of the ninety-day redemption period by joining the purchaser as a party to these appeals. See Miller v. Hatfield, 309 U.S. 1, 60 S.Ct. 374, 84 L.Ed. 535. This court will entertain no further motions by Beecher seeking a stay pending the appeals or applications for cer-tiorari to the Supreme Court in these cases. Beecher’s motions are denied. . For the prior history of…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Knickerbocker Life Ins. Co. v. Pendleton & Others, 115 U.S. 339 (U.S. 1885)
- In re Knox-Powell-Stockton Co., Inc. v. State OF Cal., 97 F.2d 61 (9th Cir. 1938)
- Nat'l Labor Relations Bd. v. Waterman S.S. Corp., 308 U.S. 534 (U.S. 1939)
- United States for the use & benefit of Midland Loan Fin. Co. v. Nat'l Sur. Corp., 308 U.S. 534 (U.S. 1939)