District Court, D. Massachusetts July 31, 1918, No. 875 (Charak v. Durphee)

MORTON, District Judge.

At the time when the involuntary petition in bankruptcy was filed the mortgaged property was in the bankrupt’s possession. Thereafter, and before the appointment of a receiver, the mortgagee took possession of it for the purpose of foreclosure. The question is whether he should be allowed to proceed with the sale.