Legal Opinion
Phillips v. Creech
Court of Appeals for the Sixth Circuit
Decided June 30, 1933No. 6246PublishedCited by 5 opinions
1Opinion of the Court
MOORMAN, Circuit Judge.
On July 19, 1929, T. F. and H. J. Gibson executed a mortgage for $10,000 to John L. Phillips to secure an antecedent debt of $4,000 and a present loan of $6,000. The mortgage was recorded November 13, 1929. On February 7, 1930, involuntary petitions in' bankruptcy were filed against the Gibsons. After adjudication, this suit was brought by the trustee to cancel the mortgage on the ground that it constituted a voidable preference under section 60 of the Bankruptcy Act (11 USCA § 96). The District Court sustained the contention, and the mortgagee appeals.
The statute on…
2Cases cited9 opinions
- Martin v. Commercial Nat. Bank of MacOnSupreme Court of the United States · 1918
- Mason v. ScruggsCourt of Appeals of Kentucky · 1925
- Stone v. KeithCourt of Appeals of Kentucky (pre-1976) · 1927
- Sears, Sheriff v. CainCourt of Appeals of Kentucky (pre-1976) · 1932
- In Re Duker Ave. Meat MarketCourt of Appeals for the Sixth Circuit · 1924
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3Cited by5 opinions
- In Re Independent Distillers of KentuckyDistrict Court, W.D. Kentucky · 1940
- American Nat. Bank v. HarrisCourt of Appeals for the Tenth Circuit · 1936
- In Re KaufmanDistrict Court, W.D. Kentucky · 1956
- National Bond & Investment Co. v. JonesCourt of Appeals for the Sixth Circuit · 1935
- Berry v. AustinCourt of Appeals for the Sixth Circuit · 1938