Hauser v. Callaway

SANBORN, District Judge.

The bankrupt filed his voluntary petition on December 23, 1927. On April 21, 1927, he executed a chattel mortgage to his father, the appellee, to secure certain indebtedness. It was signed “Chester C. Callaway,” and filed for record in the office of the county recorder of Grundy county, Iowa, and indexed as follows:

If the filing and recording of this mortgage was not constructive notice to the trustee, the appellee’s position in the bankruptcy proceeding was that of a general creditor. Pick & Co. v. Wilson (C. C. A.) 19 F.(2d) 18.

The trustee attacked the mortgage on…