Oppenhimer v. Finance & Guaranty Co.

The appellee was the holder of a duly recorded conditional sales agreement covering the automobiles the subject of this appeal. Ten days prior to the filing of the petition in bankruptcy, it repossessed itself of the automobiles by a proceeding in a state court of competent jurisdiction, and was so in possession at the 'time of the bankruptcy.

Under these conditions, I can but believe that appellee acquired title superior to that of the trustee in bankruptcy, whose "status as a lienor under section 47a, Bankruptcy Act 1910 (Comp. St. § 9631), became effective as of the date of filing the…