Clark v. McMurray

Suit in detinue for recovery of certain personal property held and claimed by the trustee in bankruptcy of the estate of one George Clark who filed a voluntary petition in bankruptcy on December 15, 1923. Defendant is the duly appointed trustee. The property being in possession 'of the trustee, permission was given by the referee for the institution of this suit to determine plaintiff’s rights thereto. Upon the trial defendant was given the affirmative charge in his behalf, and from the judgment following plaintiff has prosecuted this appeal.

Plaintiff’s source of title is a mortgage executed…