Martin v. Commercial Nat. Bank of Macon
Court of Appeals for the Fifth Circuit
Appeal and Cross-Appeal from the District Court of the United States for the Southern District of Georgia; Emory Speer, Judge. In the matter of J. H. Virgin, bankrupt.’ From an order allowing as a secured claim the claim of the Commercial National Bank of Macon, Ga., but denying it priority over certain other claims, W. E. Martin, Jr., trustee, and others appeal, and tire claimant cross-appeals.
1Opinion of the Court
WALKER, Circuit Judge.
[1] In this case an attack is made on a mortgage executed by the bankrupt more than four months before the petition in bankruptcy, was filed, but recorded within that period. Section 47a, clause 2, of- the Bankruptcy Act, as amended in 1910 (36 Stat. 838, 840), provides that:
The trustee in bankruptcy, “as to all property in the custody or coming into the custody of the bankruptcy court, shall be deemed vested with all the rights, remedies,'and powers of a creditor holding a lien by legal or equitable proceedings.”
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2Cases cited6 opinions
- Bailey v. Baker Ice MacHine Co.Supreme Court of the United States · 1915
- Clayton v. Exchange BankCourt of Appeals for the Fifth Circuit · 1903
- Meyer Bros. Drug Co. v. Pipkin Drug Co.Court of Appeals for the Fifth Circuit · 1905
- In re Jacobson & PerrillDistrict Court, N.D. Georgia · 1912
- In re T. H. Bunch Commission Co.District Court, E.D. Arkansas · 1915
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3Cited by9 opinions
- In Re American Fuel & Power Co.Court of Appeals for the Sixth Circuit · 1945
- Hardin v. RubinSupreme Court of Georgia · 1929
- Border Nat. Bank v. CouplandCourt of Appeals for the Fifth Circuit · 1917
- Bonner v. First Nat. Bank of AthensCourt of Appeals for the Fifth Circuit · 1918
- Hirschfeld v. NogleDistrict Court, E.D. Illinois · 1933
4 more not listed; retrieve them via the Exa API.