Kalb v. Feuerstein

308 U.S. 433 (1940)

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Nature of the Case

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Facts

Ps are farmers. Feuerstein (Ds), as mortgagees, began foreclosure on Ps' farm on March 7, 1933, in Wisconsin. The following events occurred: Judgment of foreclosure was entered April 21, 1933; July 20, 1935, the sheriff sold the property under the judgment; September 16, 1935, while P had duly pending in the bankruptcy court a petition for composition and extension of time to pay his debts under § 75 of the Bankruptcy Act (Frazier-Lemke Act), the Court granted D’s motion for confirmation of the sheriff's sale; no stay of the foreclosure or the subsequent action to enforce it was ever sought or granted in the state or bankruptcy court; December 16, 1935, Ds, who had purchased at the sheriff's sale, obtained a writ of assistance from the state court; and March 12, 1936, the sheriff executed the writ by ejecting appellants and their family from the mortgaged farm. Ps brought an action in equity in the Circuit Court for restoration of possession, cancellation of the sheriff's deed, and removal of the mortgagees from the farm. Ds' demurrer was sustained for failure to state a cause of action and the complaint was dismissed. Damages were sought in a separate suit for conspiracy to deprive P of possession, for assault and battery, and false imprisonment. A demurrer was sustained there as well. The Supreme Court of Wisconsin affirmed. The Supreme Court granted certiorari.