Brown v. Camp
Court of Appeals for the Fifth Circuit
Petition to Superintend and Revise from the District Court of the United States for the Northern District of Georgia; Samuel II. Sibley, Judge. _ _ Petition in bankruptcy for allowance of a mortgage lieu by Herbert S. Brown and others, opposed by R. T. Camp, trustee in bankruptcy of John E. Brown, bankrupt. Order denying claim sustained, and claimants bring petition to superintend, and revise.
1Opinion of the Court
BRYAN, Circuit Judge.
John E. Brown executed to his son, the petitioner herein, a mortgage note; the description of the property mortgaged being:
“Sufficient amount of lumber, shingles, brick, roofing, and cement in my possession.”
Thereafter the said John E. Brown was adjudicated a bankrupt. Petitioner sought to set up and establish the lien of the mortgage, which the referee declined to permit him to do. The action of the referee was confirmed by the District Judge. The ground upon which a mortgage lien was held not to exist was that the description of the property attempted to be mortgaged…
2Cases cited2 opinions
- Reynolds v. Tifton Guano Co.Court of Appeals of Georgia · 1917
- Stewart v. JaquesSupreme Court of Georgia · 1887
3Cited by2 opinions
- Mitchell v. Shepherd Mall State BankDistrict Court, W.D. Oklahoma · 1971
- McConaughey v. MorrowCourt of Appeals for the Fifth Circuit · 1922