In re McDonald
District Court, D. South Carolina
In Bankruptcy. In the matter of bankruptcy proceedings against C. J. McDonald & Sons. On petition to review a referee’s order establishing the validity of a mortgage to B. R. Casque, in so far as It attempted to secure the claim of the Bank of Marion.
1Opinion of the Court
^RAWDEY, District Judge.
The referee has filed an able and elaborate report reviewing with careful discrimination the numerous decisions on the questions involved, and, if his view of the facts is correct, his conclusions are irresistible; but my mind, very reluctantly, refuses assent to his conclusions, and it is my duty to decide the case in accordance with my own judgment and conscience. The rule is upon an appeal from a referee to accept his conclusions on questions of fact, unless the same are manifestly erroneous, and that is because he hears the. testimony, can note the demeanor of…
2Cases cited5 opinions
- Coder v. ArtsSupreme Court of the United States · 1909
- Toof v. MartinSupreme Court of the United States · 1871
- Tumlin v. BryanCourt of Appeals for the Fifth Circuit · 1908
- Merchants' National Bank v. CookSupreme Court of the United States · 1877
- J. W. Butler Paper Co. v. GoembelCourt of Appeals for the Seventh Circuit · 1905
3Cited by21 opinions
- Cusick v. Second Nat. BankCourt of Appeals for the D.C. Circuit · 1940
- Dougherty v. First Nat. Bank of CantonCourt of Appeals for the Sixth Circuit · 1912
- Heyman v. Third Nat. Bank of Jersey CityDistrict Court, D. New Jersey · 1914
- Abdo v. TownshendCourt of Appeals for the Fourth Circuit · 1922
- Schoenbrod v. Central Trust Co. of IllinoisCourt of Appeals for the Seventh Circuit · 1916
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