v0775-701
IN THE
United States Circuit Court of Appeals
FOR THE NINTH CIRCUIT
The Pacific State Bank, a corpora-
tion, J
Appellant J
^^- No.
- CoATES, as trustee in Bankruptcy
of Raymond Box Company, a corpor-
ation, bankrujit,
Appellee.
STATEMENT OF CASE.
Tiie questions before this court arose out of the
application of the Pacific State Bank, appellant, ad-
dressed to the bankruptcy court below, for leave to
foreclose its mortgage. As appears by an inspection
of the petition, the application of The Pacific State
Bank was in the alternate, first asking leave to fore-
close in the State court, but if the court should be
of the opinion that such foreclosure should be in
the bankruptcy court, then asking that the amount
of the indebtedness be ascertained, its mortgage ad-
judged a valid mortgage lien, and the property sold
for the satisfaction thereof. (See Record, pages 2
to 17).
The referee in bankruptcy granted leave to
foreclose the mortgage in the State court mthout
considering any question of validity. The matter
was taken to the District Court for review and Judge
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