Manly v. Southern Supply Co.

WADDIUL, Circuit Judge.

This is an appeal from a decree of the United States District Court for the District of Maryland. On the 17th of November, 1924, a petition in involuntary bankruptcy was filed against the bankrupt, Francis P. Burgess, and subsequently, on the 19th of January, 1925, he was adjudicated as such, and his trustee shortly thereafter was duly chosen and qualified.

Prior to the filing of the petition in bankruptcy, to wit, on the 17th of July, 1924, the bankrupt executed a mortgage to the Southern Supply Company upon certain real estate in the city of Baltimore (being a third…