Union Cent. Life Ins. v. Drake
Court of Appeals for the Eighth Circuit
Appeal from the District Court of the United States for 'the District of Nebraska; Wm. H. Munger, Judge. Suit by Royal P. Drake, as trustee in bankruptcy of the estate of Patrick E. McKillip against Harry D. Burgoyne and another. From the decree, both parties appeal.
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Appeal from the District Court of the United States for 'the District of Nebraska; Wm. H. Munger, Judge. Suit by Royal P. Drake, as trustee in bankruptcy of the estate of Patrick E. McKillip against Harry D. Burgoyne and another. From the decree, both parties appeal. These are appeals from a decree granting to a second mortgagee who paid prior mortgages, subrogation to the rights of the prior mortgagee as against •the mortgagor, and denying a creditor deprived of a voidable preference permission to prove his claim as a general creditor. A statement of the facts is necessary to a clear…
1Opinion of the CourtSanborn, Circuit Judge
(after stating the facts as above). Mc-Killip, the bankrupt, caused Steffes to apply to the insurance company for the loan of $10,000, to represent to it that his mortgage for that sum on the three forties which he held for the exclusive benefit of McKillip, should be a first lien thereon, and that the money derived from it would be applied to the payment of the liens prior to his mortgage of August 14, 1907, and to covenant with the insurance company in that mortgage that the mortgaged property was free and clear of prior liens and that he would warrant the title thereto against them, so…
2Cases cited47 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Southern Pacific Railroad v. United StatesSupreme Court of the United States · 1897
- Railway Co. v. McCarthySupreme Court of the United States · 1878
- Russell v. PlaceSupreme Court of the United States · 1877
- Marble Co. v. RipleySupreme Court of the United States · 1870
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3Cited by41 opinions
- United States v. Oregon Lumber Co.Supreme Court of the United States · 1922
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- Munn v. Des Moines Nat. BankCourt of Appeals for the Eighth Circuit · 1927
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