Border Nat. Bank v. Coupland
Court of Appeals for the Fifth Circuit
Appeal from the District Court of the United States for the Western District of Texas; William B. Sheppard, Judge. In the matter of the estate of Joseph De Bona, bankrupt. From a decree of the District Court, sustaining an order of the referee which denied the claim of the Border National Bank against C. C. Coupland, as trustee, for a secured claim, the claimant appeals.
Read the full summary
Appeal from the District Court of the United States for the Western District of Texas; William B. Sheppard, Judge. In the matter of the estate of Joseph De Bona, bankrupt. From a decree of the District Court, sustaining an order of the referee which denied the claim of the Border National Bank against C. C. Coupland, as trustee, for a secured claim, the claimant appeals. The petition to have Joseph De Bona adjudged a bankrupt was filed April 1, 1916. The Border National Bank (which will be called the Bank) presented, and prayed to have allowed as a secured claim, a mortgage, dated and…
1Opinion of the CourtWalker, Circuit Judge
(after stating the facts as above). [1] Under the law of Texas a verbal mortgage or lien is valid between the parties and as against purchasers with notice and’ creditors other than lien creditors. Gardner v. Planters’ National Bank, 54 Tex. Civ. App. 572, 118 S. W. 1146; Crews v. Harlan, 99 Tex. 93, 87 S. W. 656, 13 Ann. Cas. 863; Galbraith v. First State Bank (Tex. Civ. App.) 133 S. W. 300; Grace v. Wade, 45 Tex. 522; Overstreet v. Manning, 67 Tex. 657, 4 S. W. 248. Under section 47a, cl. 2, of the Bankruptcy Act, as amended in 1910 (36 Stat. 838, 840), the trustee in bankruptcy takes the…
2Cases cited10 opinions
- Bailey v. Baker Ice MacHine Co.Supreme Court of the United States · 1915
- Grace v. Wade & MainsTexas Supreme Court · 1876
- Overstreet v. ManningTexas Supreme Court · 1887
- Crews v. HarlanTexas Supreme Court · 1905
- Gardner v. Planters' National Bank of Honey GroveCourt of Appeals of Texas · 1909
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Commercial Credit Co. v. DavidsonCourt of Appeals for the Fifth Circuit · 1940
- Hayes v. GibsonCourt of Appeals for the Third Circuit · 1922
- Adams v. City Bank & Trust Co. of MacOn, Ga.Court of Appeals for the Fifth Circuit · 1940
- Great Northern State Bank v. RyanCourt of Appeals for the Eighth Circuit · 1923
- Indiana Investment & Securities Co. v. WhismanIndiana Court of Appeals · 1923
6 more not listed; retrieve them via the Exa API.