Legal Opinion

Bonner v. First Nat. Bank of Athens

Court of Appeals for the Fifth Circuit

Decided February 11, 1918No. 3051PublishedCited by 6 opinions

In Error to the District Court of the United States for the Eastern District of Texas; Gordon Russell, Judge. Action by Thomas D. Bonner, trustee in bankruptcy, against the First National Bank of Athens. There was a judgment for defendant, and plaintiff brings error.

1Opinion of the Court

WALKER, Circuit Judge.

[1, 2] By the judgment presented for review the asserted right of a trustee in bankruptcy to recover property transferred by the bankrupt by a mortgage executed more than four months before the petition in bankruptcy was filed, but recorded within that time, was denied. The averments of the petition did not show that the mortgage was invalid under the law of Texas, in which state it was made. Under the law of that state it was not necessary to record the mortgage to make it valid against creditors other than lien creditors. Meyer Bros. Drug Co. v. Pipkin Drug Co., 136…

2Cases cited4 opinions

  1. Carey v. DonohueSupreme Court of the United States · 1916
  2. Martin v. Commercial Nat. Bank of MacOnSupreme Court of the United States · 1918
  3. Meyer Bros. Drug Co. v. Pipkin Drug Co.Court of Appeals for the Fifth Circuit · 1905
  4. Martin v. Commercial Nat. Bank of MaconCourt of Appeals for the Fifth Circuit · 1916

3Cited by6 opinions

  1. Peter Schuttler Co. v. GuntherMichigan Supreme Court · 1923
  2. Barber v. Reina Nash Motor CompanyWyoming Supreme Court · 1953
  3. Jones v. Bank of Excelsior SpringsCourt of Appeals of Kansas · 1919
  4. American Nat. Bank v. HarrisCourt of Appeals for the Tenth Circuit · 1936
  5. In re LindahlDistrict Court, S.D. Texas · 1932

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