United States Supreme Court Cases & Opinions

U.S. Supreme Court

State Bank of Hardinsburg v. Brown, 317 U.S. 135 (1942)

State Bank of Hardinsburg v. Brown

No. 23

Argued October 16, 1942

Decided November 16, 1942

317 U.S. 135

Syllabus

1. Under § 75(n) of the Bankruptcy Act, the filing of a farmer debtor's petition cannot bring into the jurisdiction of the bankruptcy court property which has been sold in mortgage foreclosure proceedings, and as to which, under the state law, every equity or right of the debtor has been extinguished. P. 317 U. S. 138.

2. The law of Indiana gives the debtor a year from the institution of foreclosure suit within which to redeem, and terminates his right and interest in the property at the sale. The delivery of a deed by the sheriff becomes a ministerial act constituting merely a record evidence of the purchaser's title which is perfect from the date of sale. P. 317 U. S. 141.

124 F.2d 701 reversed.

Certiorari, 315 U.S. 794, to review a judgment which reversed an order of the bankruptcy court, striking a farm from the bankrupt's schedules.