Legal Opinion
Arnold v. Phillips
Court of Appeals for the Fifth Circuit
Decided February 4, 1941No. 9660PublishedCited by 52 opinions
1Opinion of the Court
SIBLEY, Circuit Judge.
In a bankruptcy case the district court on the trustee’s petition set aside a duly recorded deed of trust against the bankrupt corporation’s entire plant, made over four years before bankruptcy to its then President and dominating and practically sole stockholder to secure advances of money to the corporation. A foreclosure of it by sale under power six months before bankruptcy was also cancelled, the deed being unrecorded at bankruptcy, and the bankrupt adjudged to be the owner of the property free of this incumbrance. The appeal is from this judgment.
The legal theory…
2Cases cited5 opinions
- Pepper v. LittonSupreme Court of the United States · 1939
- Taylor v. Standard Gas & Electric Co.Supreme Court of the United States · 1939
- Robinson v. WangemannCourt of Appeals for the Fifth Circuit · 1935
- Zorn v. BrooksTexas Supreme Court · 1935
- Kaminsky v. PhinizyCourt of Appeals for the Fifth Circuit · 1931
3Cited by52 opinions
- In the Matter of Mobile Steel Company, Debtor. Elaine E. Benjamin v. Lester Y. Diamond, as Trustee in Bankruptcy for Mobile Steel, Inc.Court of Appeals for the Fifth Circuit · 1977
- In the Matter of Multiponics, Incorporated, Bankrupt. MacHinery Rental, Inc. And Carl Biehl v. William W. Herpel, TrusteeCourt of Appeals for the Fifth Circuit · 1980
- Dewitt Truck Brokers, Inc. v. W. Ray Flemming Fruit Company and W. Ray FlemmingCourt of Appeals for the Fourth Circuit · 1976
- Glenn Paul Baker, Sr., Cross-Appellant v. Raymond International, Inc., Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1981
- John v. Rowan v. United StatesCourt of Appeals for the Fifth Circuit · 1955
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