Legal Opinion

People's Homestead Ass'n v. Bartlette

Court of Appeals for the Fifth Circuit

Decided July 13, 1929No. 5377PublishedCited by 13 opinions

1Opinion of the Court

BRYAN, Circuit Judge.

This is an appeal from a decree in bankruptcy, which rejected elaims of the appellant homestead association for allowance by preference over unsecured claims of interest and an attorney’s fee according to the terms of a mortgage which it héld against the bankrupt.

The mortgage contained the usual provision requiring the payment of interest as a part of the secured debt, and bound the mortgagor, “in case it should become necessary to institute legal proceedings for the recovery of the amount of said note or any other amount which may be due said corporation [mortgagee], to…

2Cases cited16 opinions

  1. Coder v. ArtsSupreme Court of the United States · 1909
  2. Thompson v. FairbanksSupreme Court of the United States · 1905
  3. Sexton v. DreyfusSupreme Court of the United States · 1911
  4. Murphy v. John Hofman Co.Supreme Court of the United States · 1909
  5. Security Mortgage Co. v. PowersSupreme Court of the United States · 1928

11 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. United States v. J. Allen Harrington, Trustee, in the Matter of G. N. Childress, Dba Childress Transportation Company, BankruptCourt of Appeals for the Fourth Circuit · 1959
  2. United States v. SampsellCourt of Appeals for the Ninth Circuit · 1946
  3. Oppenheimer v. OldhamCourt of Appeals for the Fifth Circuit · 1949
  4. Wilson v. DeweyCourt of Appeals for the Eighth Circuit · 1943
  5. In Re Gotham Can Co.Court of Appeals for the Second Circuit · 1931

8 more not listed; retrieve them via the Exa API.

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