In re Finley

HAYES, District Judge.

This is a petition by J. H. Johnson to have the deed of trust executed by the bankrupt on September 10, 1928, though not recorded until October 9, 1930, declared a first lien on the real estate therein described. A voluntary petition in bankruptcy was filed January 14, 1931.

The trustees assail the conveyance under section 60b of the National Bankruptcy Act, 11 USCA § 96 (b). The application. *106of the section to the facts, of this case depends upon the law of North Carolina. Firestone Tire & Rubber Co. v. Cross (C. C. A.) 17 F.(2d) 417.

N. C. Code Annotated § 3311 provides…