Frank Murphy

“ If the District Court conducts a hearing to determine the value of the property or if the conciliation commissioner is authorized to hold such a hearing, the statute provides that the valuation shall be fixed 'in accordance with the evidence submitted' at the hearing. The statute confers no authority on either the judge or the commissioner to act personally as an appraiser or to conduct his own factual inquiry absent the knowledge and consent of the parties to the hearing. ”

“ The narrow issues presented by this case are whether it was error under § 75, sub. s (3) of the Bankruptcy Act [1] for a conciliation commissioner to fix a valuation partly on the basis of his personal investigation and, if so, whether that error was cured on review by the District Court.
Petitioner, the farmer debtor, was adjudicated a bankrupt under § 75, sub. s. After a $5,800 appraisal of his farm had been approved by a conciliation commissioner, petitioner was permitted to retain possession of the property for the statutory three year period. ”

“ Order 50 (11) of the General Orders in Bankruptcy, 11 U.S.C.A. following section 53; Equitable Life Assurance Society v. Carmody, 8 Cir., 131 F.2d 318, 322; Rait v. Federal Land Bank of St. Paul, 8 Cir., 135 F.2d 447, 450. ”