Beecher v. Leavenworth State Bank
| Decision Date | 06 August 1946 |
| Docket Number | No. 11244.,11244. |
| Citation | 156 F.2d 220 |
| Parties | BEECHER v. LEAVENWORTH STATE BANK. |
| Court | U.S. Court of Appeals — Ninth Circuit |
S. P. Beecher, in pro. per., for appellant.
C. D. Randall, of Spokane, Wash., and Herman Howe, of Seattle, Wash., for appellee.
Before GARRECHT, DENMAN, and BONE, Circuit Judges.
Appellant Beecher has appealed from several orders of the district court. Among them is an order of November 3, 1945, permitting the appellee to resume proceedings in the superior court of the State of Washington in foreclosure of appellee's lien on the orchard and home of Beecher, a part of the bankruptcy estate, by allowing a sheriff's sale of the property.
We are of the opinion that the district court had no power to grant such an order during the pendency of the proceeding under Section 75, sub. s, of the Frazier-Lemke Act, 11 U.S.C.A. § 203, sub. s, at this stage of the proceedings. Sections (o) and (p) of that Act prohibit such action unless after hearing and report of the Conciliation Commissioner, which was not had. Bastian v. Erickson, 10 Cir., 114 F.2d 338; Schriever v. Oxford Bldg. & Loan Ass'n, 6 Cir., 116 F.2d 683.
We reverse the order insofar as it permitted a sheriff's sale. It appears that the sale was held, that appellee was the purchaser, and the sheriff's deed delivered to it. We order that the district court exercise its jurisdiction over appellee to require it to restore the situation of the parties to that which existed prior to the making of the order.
Beecher also moved to set aside an order of November 18, 1939, permitting the foreclosure proceeding in the state court to advance to the point of decree of foreclosure. The district court in an order of November 5, 1945, denied the motion. The order of November 18, 1939, has become final. The ground of the motion to set it aside is that it was beyond the jurisdiction of the court. In this Beecher errs. The order was voidable but not void and Beecher's remedy was by appeal. Union Joint S. & L. Bank v. Byerly, 310 U.S. 1, 7, 60 S.Ct. 773, 84 L.Ed. 1041. We affirm the order of November 5, 1945, insofar as it concerns the motion to set aside the order of November 18, 1939.
Thereafter the sheriff advertised the property for sale for December 15, 1945. On December 4, 1945, Beecher moved the district court that it should restrain the sheriff from making the December 15th sale on the ground that the advertisement for the sale failed...
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Beecher v. Leavenworth State Bank, 13693
...F.2d 987, certiorari denied, 328 U.S. 871, 66 S.Ct. 1364, 90 L.Ed. 1641; Id., 329 U.S. 819, 67 S.Ct. 28, 91 L.Ed. 697; Beecher v. Leavenworth State Bank, 156 F.2d 220; Id., 160 F.2d 294; Id., 160 F.2d 296; Beecher v. Federal Land Bank, 166 F.2d 85; Beecher v. Leavenworth State Bank, 184 F.2......
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Beecher v. Leavenworth State Bank
...Federal Land Bank of Spokane, 9 Cir., 146 F.2d 1000; Beecher v. Federal Land Bank of Spokane, 9 Cir., 166 F.2d 85; Beecher v. Leavenworth State Bank, 9 Cir., 156 F.2d 220; Beecher v. Leavenworth State Bank, 9 Cir., 160 F.2d 294; Beecher v. Leavenworth State Bank, 9 Cir., 160 F.2d 296; Beech......
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Beecher v. Smithson
...denied 328 U.S. 871, 66 S.Ct. 1364, 90 L.Ed. 1641, rehearing denied 329 U.S. 819, 67 S.Ct. 28, 91 L.Ed. 697; Beecher v. Leavenworth State Bank, 9 Cir., 156 F.2d 220; Id., 9 Cir., 160 F.2d 294; Id., 9 Cir., 160 F.2d 296; Beecher v. Federal Land Bank of Spokane, 9 Cir., 166 F.2d 85; Beecher v......
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Beecher v. Leavenworth State Bank, 12084A.
...denied 328 U.S. 871, 66 S.Ct. 1376, 90 L.Ed. 1641, rehearing denied 329 U.S. 819, 67 S.Ct. 28, 91 L.Ed. 697; Beecher v. Leavenworth State Bank, 9 Cir., 156 F.2d 220, Id., 9 Cir., 160 F.2d 294, Id., 9 Cir., 160 F.2d 296; Beecher v. Federal Land Bank of Spokane, 9 Cir., 166 F.2d 4 See Beecher......