Legal Opinion

Murphy v. Bank of Waynesboro

Court of Appeals for the Eighth Circuit

Decided December 8, 1919No. Nos. 5221, 5273Published

Appeals from the District Court of the United States for the District of Utah; Tillman D. Johnson, Judge. Suit by Raymond H. Ryan against the James Coal & Ice Company, Harry L. Sullivan, as administrator, the Bank of Waynesboro, Charles S. Murphy and others. From those portions of a decree adjudging certain funds in the hands of a receiver should be paid to the Bank of Waynesboro and T. D. Ryan, Charles S. Murphy and Harry L. Sullivan, as administrator, appeal.

1Opinion of the Court

HUNGER, District Judge.

These appeals are companions to the case of First National Bank of Evanston v. Bank of Waynesboro, 262 Fed. 754, — C. C. A. —, just decided, and seek a reversal of portions of tlie same decree. After the James Coal & lee Company had insialled the ice-malting machinery, which it had received under the title-retaining contract, it executed a note for borrowed money and secured it by a mortgage, and Murphy is the owner of the note and mortgage and seeks to have a decree that his lien extended to the ice-making machinery, and that it was superior to the seller’s claim under…

2Cases cited1 opinion

  1. First Nat. Bank of Evanston v. Bank of WaynesboroCourt of Appeals for the Eighth Circuit · 1919

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