Wells v. Dice

OPINION OF THE COURT

WATSON, J.

This is a suit by the trustee in bankruptcy of G. P. Kuykendall to recover from the receiver of the Security State Bank of Portales what is alleged to have been a preference under section 60b of the National Bankruptcy Act (11 USCA § 96). The relief was denied, and the trustee has appealed.

The main facts upon which the judgment was based were found substantially as follows: Kuykendall gave his note to the bank in December, 1920, for $5,548, and, to secure it, gave a mortgage upon his residence in Clovis, in the execution of which he was joined by his wife. It was…