Legal Opinion

Ritchie County Bank v. McFarland

Court of Appeals for the Fourth Circuit

Decided November 14, 1910No. 947PublishedCited by 9 opinions

Petition to Superintend and Revise, in Matter of Law, Proceedings in the District Court of the United States for the Northern District of West Virginia, at Parkersburg, in Bankruptcy. . In the matter of the Klletson Company, bankrupt. Proceedings by the Ritchie County Bank and others against R. L. McFarland, trustee in bankruptcy of the Elletson Company, and another, to establish priority under a certain deed of trust.

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Petition to Superintend and Revise, in Matter of Law, Proceedings in the District Court of the United States for the Northern District of West Virginia, at Parkersburg, in Bankruptcy. . In the matter of the Klletson Company, bankrupt. Proceedings by the Ritchie County Bank and others against R. L. McFarland, trustee in bankruptcy of the Elletson Company, and another, to establish priority under a certain deed of trust. From an order of the District Court (174 Fed. 859), reversing a referee’s order holding the deed of trust valid in part only, petitioners prosecute a petition to superintend…

1Opinion of the Court

WADDILL, District Judge.

This case is now before the court upon a petition to superintend and revise, in matter of law, proceedings of the District Court of the United States for the Northern District of West Virginia, at Parkersburg. The respondents herein have moved the court to dismiss this petition to superintend and revise, for the reason that the relief sought, if obtainable, must he by an appeal; but after mature consideration of the same we are of opinion, for the reasons stated by this court in the case of Morgan v. First National Bank of Mannington, 145 Fed. 466, 468, 469, 76 C. C.…

2Cases cited9 opinions

  1. Knapp v. Milwaukee Trust Co.Supreme Court of the United States · 1910
  2. Livesay's Ex'r v. BeardWest Virginia Supreme Court · 1883
  3. Landeman v. Wilson & BeardsleyWest Virginia Supreme Court · 1887
  4. Claflin v. FoleyWest Virginia Supreme Court · 1883
  5. Gilbert v. PeppersWest Virginia Supreme Court · 1909

4 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Shapiro v. WilgusSupreme Court of the United States · 1932
  2. In Re Associated Gas & Electric Co.District Court, S.D. New York · 1944
  3. Ritchie County Bank v. McFarlandCourt of Appeals for the Fourth Circuit · 1910
  4. Bank of Dillon v. MurchisonCourt of Appeals for the Fourth Circuit · 1914
  5. United States v. LankfordDistrict Court, E.D. Virginia · 1924

4 more not listed; retrieve them via the Exa API.

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