42 F.Supp. 886 (D.N.D.), 1359, In re Puhler

Docket Nº:1359.
Citation:42 F.Supp. 886
Party Name:In re PUHLER.
Court:United States District Courts, 8th Circuit, District of North Dakota

Page 886

42 F.Supp. 886 (D.N.D.)

In re PUHLER.

No. 1359.

United States District Court, North Dakota

Date Not Given

J. J. Mulready, of Fargo, N.D., for bankrupts.

Cupler, Stambaugh & Tenneson, of Fargo, N.D., for Fidelity Mut. Life Ins. Co.

VOGEL, District Judge.

This case was submitted to the Court upon a certificate of review of the Conciliation Commissioner and a petition for review by the Fidelity Mutual Life Insurance Company, a corporation, a secured

Page 887

creditor of the debtors herein, from an order denying motions of The Fidelity Mutual Life Insurance Company, as follows:

(1) Motion to strike from the schedules the land belonging to Henry E. Puhler, namely: The Southeast Quarter (S.E. 1/4) of Section Twenty (20), in Township One Hundred Fifty-four (154), North of Range Sixty-eight (68), West of the Fifth Principal Meridian, in Benson County, North Dakota.

(2) Motion to strike from the schedules the land belonging to the late Anna M. Puhler, namely: Southeast Quarter (S.E. 1/4), of Southwest Quarter (S.W. 1/4), North Half (N. 1/2) of Southwest Quarter (S.W. 1/4), of Section Twenty (20), and the Northeast Quarter (N.E. 1/4) of the Southeast Quarter (S.E. 1/4) of Section Nineteen (19), all in Township One Hundred Fifty-four (154), North of Range Sixty-eight (68), West of the Fifth Principal Meridian, in Benson County, North Dakota.

(3) Motion to include in the order fixing the rentals to be paid by the bankrupts one-fourth of the parity payments and a reasonable rental for the use of buildings on the land of the bankrupts securing the indebtedness to the Fidelity Mutual Life Insurance Company.

(4) Motion to set aside the order of the Conciliation Commissioner denying the motion of the creditor, The Fidelity Mutual Life Insurance Corporation, for an additional payment in the amount of $500 upon the principal due and owing to the said creditor.

Evidence taken before the Conciliation Commissioner at the hearing on October 24, 1941, discloses that the debtor Henry E. Puhler was eighty years of age at the time these proceedings were commenced, March 15, 1941; that at that time his wife was an inmate of the State Hospital for the Insane at Jamestown, North Dakota. Prior thereto Henry E. Puhler and Anna M. Puhler, his wife, resided upon and operated the two pieces of land involved in these proceedings. On May 25, 1941, Anna M. Puhler...

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