National Bank of Athens v. Shackelford
Supreme Court of the United States
APPEAL PROM THE CIRCUIT COURT OP APPEALS FOR THE FIFTH CIRCUIT. The facts, which involve the validity of a mortgage lien on the property of the bankrupt, are stated in the opinion.
1Opinion of the CourtJustice McReynolds
This controversy arose in a bankruptcy proceeding and was begun in the United States District Court for the Northern District of Georgia. Appellant claims that it holds a valid lien on certain real estate in the city of Athens, formerly the property of the bankrupt, Webb, under a mortgage deed executed by him November 6,1911, but not recorded until noon August 14, 1912, a few hours before the petition in involuntary bankruptcy was filed. Among other things, the trustee asserts that the mortgage is void as to creditors because fraudulently withheld from record. Bankruptcy Act, § 70, c. 541, 30…
2Cases cited2 opinions
- Stuart v. HaydenSupreme Court of the United States · 1898
- Washington Securities Co. v. United StatesSupreme Court of the United States · 1914
3Cited by22 opinions
- United States v. O'DONNELLSupreme Court of the United States · 1938
- Finefrock v. Kenova Mine Car Co.Court of Appeals for the Fourth Circuit · 1927
- Firestone Tire & Rubber Co. v. CrossCourt of Appeals for the Fourth Circuit · 1927
- Cunningham v. Merchants' Nat. Bank of ManchesterCourt of Appeals for the First Circuit · 1925
- Mason v. WyldeMassachusetts Supreme Judicial Court · 1941
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