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IN RE JONES

February 20, 1948

In re JONES


The opinion of the court was delivered by: KLOEB

This matter comes before this Court on the motion of the bankrupt, David Ellis Jones, for a permanent injunction enjoining Charles S. Fox, Attorney-Claimant, Hal DeRan, his Attorney, and Herbert L. Meyers, Sheriff of Sandusky County, Ohio, from proceeding with the sale of certain real estate, the property of the bankrupt. On September 12, 1947, after hearing, this Court issued a preliminary injunction restraining the aforementioned parties from selling the real estate.

The facts of this case are amply set forth in the report of the Referee filed March 24, 1947, and in his Findings of Fact and Conclusions of Law filed on September 3, 1947. To supplement this recitation of facts, it might be of assistance to set forth, in chronological order, the various pertinent steps that were taken from the time that the petition was originally filed, as follows:

 July 5, 1940 -- Petition for composition of debts filed by David Ellis Jones, Farmer-Debtor, under the provisions of Sec. 75, sub. a, 11 U.S.C.A. § 203, sub. a; Charles S. Fox, Attorney for petitioner;

 July 15, 1940 -- Case referred to the County Conciliation Commissioner for Sandusky County, Ohio;

 Oct. 14, 1940 -- Certificate of Conciliation Commissioner on failure to gain acceptance of creditors;

 Oct. 14, 1940 -- Amendment of petition and adjudication of bankruptcy;

 Mar. 8, 1941 -- Attorney Fox applied for and was allowed $ 100 compensation;

 Sept. 30, 1941 -- Attorney Fox received $ 351.77 from the proceeds of the sale of a parcel of real estate which sold for $ 1,400 in excess of the appraised value. This and the preceding item of fee makes a total of $ 451.77 received by Fox as compensation for serving as Attorney for Mr. Jones;

 May 29, 1944 -- Application of Farmer-Debtor to vacate adjudication of bankruptcy and dismiss case; Consent of creditors attached; Notice to creditors to file their claims mailed;

 June 17, 1944 -- Order of dismissal by the Court at the costs of the Farmer-Debtor;

 July 8, 1944 -- to Dec. 3, 1946 -- Charles S. Fox, Bankrupt's Attorney, brought suit against David Ellis Jones for $ 299 claimed for fees; Judgment obtained in Justice of the Peace Court, affirmed in Common Pleas Court and by the Court of Appeals, and motion to certify denied by Supreme Court; Execution issued. Order to show cause issued by Referee on application of David Ellis Jones, and Sheriff agreed he would proceed no further with writ of execution and would abide by order of the Court;

 Dec. 3, 1946 -- Hearing before the Referee;

 Mar. 24, 1947 -- Report of Referee filed denying application of ...


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