District Court, D. Maryland May 2, 1928, No. 5223 (In re Civic Center Realty Co.)

COLEMAN, District Judge.

There are involved in this ease two questions: (1) 'Whether a second mortgagee should be permitted to foreclose in the state court, pursuant to the terms of its mortgage, which is in default, or whether the bankruptcy court should assume jurisdiction of the property, for ultimate sale by the trustees in bankruptcy;' and (2) whether a lessee under an executory lease of