McCook v. Federal Land Bank of Columbia, S. C.

Fifth Circuit

McCook v. Federal Land Bank of Columbia, S. C.

108 F.2d 185, 1939 U.S. App. LEXIS 2533

CourtCourt of Appeals for the Fifth Circuit

DecidedDecember 20, 1939

StatusPublished

Cited by2 cases

This text of 108 F.2d 185 (McCook v. Federal Land Bank of Columbia, S. C.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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McCook v. Federal Land Bank of Columbia, S. C., 108 F.2d 185, 1939 U.S. App. LEXIS 2533 (5th Cir. 1939).

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Opinion

PER CURIAM.

McCook sought relief as a farmer under Section 75 of the Bankruptcy Act, 11 U.S. C.A. § 203, and failing to obtain an agreement with his creditors amended and prayed to be adjudged a bankrupt and for relief under Subsection s. Federal Land Bank of Columbia, a mortgage creditor, moved to dismiss the proceedings. The Conciliator to whom the matter was referred refused the motion and fixed a rental for the lands. The district judge on review dismissed the proceedings. It is apparent that this action was taken under a misapprehension of the law which was prevalent at the time but was corrected in the case of John Hancock Mutual Life Ins. Co. v. Bartels, 60 S. Ct. 221, 84 L.Ed.-, decided Dec. 4, 1539. The judgment of dismissal is reversed with direction to proceed according to the opinion in the case cited.

Reversed.

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PER CURIAM.

McCook sought relief as a farmer under Section 75 of the Bankruptcy Act, 11 U.S. C.A. § 203, and failing to obtain an agreement with his creditors amended and prayed to be adjudged a bankrupt and for relief under Subsection s. Federal Land Bank of Columbia, a mortgage creditor, moved to dismiss the proceedings. The Conciliator to whom the matter was referred refused the motion and fixed a rental for the lands. The district judge on review dismissed the proceedings. It is apparent that this action was taken under a misapprehension of the law which was prevalent at the time but was corrected in the case of John Hancock Mutual Life Ins. Co. v. Bartels, 60 S. Ct. 221, 84 L.Ed.-, decided Dec. 4, 1539. The judgment of dismissal is reversed with direction to proceed according to the opinion in the case cited.

Reversed.

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108 F.2d 185, 1939 U.S. App. LEXIS 2533, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccook-v-federal-land-bank-of-columbia-s-c-ca5-1939.

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