Chauncey v. Dyke Bros.
Court of Appeals for the Eighth Circuit
Appeal from the District Court of the United States for the Western District of Arkansas. Joe P. Matthews was adjudicated a bankrupt by the district court of the United States for the Western district of Arkansas, and in the course of such proceeding A. A. McDonald, one of the appellees, was appointed trustee of his estate.
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Appeal from the District Court of the United States for the Western District of Arkansas. Joe P. Matthews was adjudicated a bankrupt by the district court of the United States for the Western district of Arkansas, and in the course of such proceeding A. A. McDonald, one of the appellees, was appointed trustee of his estate. At the time of the adjudication the bankrupt owned lot 7, in block 530, in Reserve addition to the city of Fort Smith, Ark., which property was subject to a deed of trust or mortgage held by Elihu Chauncey, Charles Chauncey, and William L. Savage, as trustees, to secure a…
1DissentSanborn, Circuit Judge
I am unable to concur in the view of the majority that it is the duty of this court to substitute in the act of the legislature of Arkansas of 1895 the use of a mortgage loan in the place of the purpose of it as the test of the superiority of its lien.
The portion of that act which controls this question reads: “That in all cases where said prior lien or incumbrance or mortgage was given or executed for the purpose of raising, money or funds with which to make such erections, improvements or buildings, then said lien shall be prior to the lien given by this act.” Acts Ark. 1895, pp. 2x7, 220.…
2Cases cited67 opinions
- United States v. WiltbergerSupreme Court of the United States · 1820
- Bank of Columbia v. OkelySupreme Court of the United States · 1819
- United States v. FisherSupreme Court of the United States · 1805
- United States v. HartwellSupreme Court of the United States · 1868
- Tilghman v. ProctorSupreme Court of the United States · 1888
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