McKay v. Trusco Finance Co., of Montgomery, Alabama

RIVES, Circuit Judge.

This appeal is from a judgment holding the rights of a vendee of an automobile under a so-called conditional sales contract to be superior to those of the trustee in bankruptcy.

On March 1, 1951, Jean Curtright d/b/a “Jeans” filed a petition praying that she be adjudged a debtor under Chapter XI of the Bankruptcy Act, 11 U.S.C.A. § 701 et seq. The District Judge decided that the plan submitted was not feasible and on March 7, 1951, an order of adjudication in bankruptcy was made and entered. There after on March 13, 1951, the bankrupt surrendered the automobile in question…