Brown v. Smith

This was a general creditors’ suit against Smith Brothers, a partnership composed of G-. T. Smith, J. L. Smith, and O’Donnell Smith, operating a motor truck line between Nashville and Chicago under a certificate (No. MC 16670) of convenience and necessity issued to them by the Interstate Commerce Commission June 27, 1937, under the “grandfather” clause of the Federal Motor Carrier Act of 1935, 49 U. S. C. A. Sec. 306.

On April 11,. 1938, the partners made a mortgage for $4,000 to Lewis T. Edwards on their equipment and their rights under this certificate (No. 16670). This mortgage included a…