In re Charles F. Datz Co.

KIRKPATRICK, District Judge.

The mortgagee of a manufacturing plant owned by a bankrupt corporation petitioned the referee for an order directing the trustee to pay to it the amount realized from the sale of certain machinery, tools, and equipment upon the mortgaged premises. The referee dismissed the petition and his order is here for review. The question involved is whether the machinery in question was subject to the lien of the mortgage.

The law for the federal courts of this Circuit is definitely settled by the decision of the Circuit Court of Appeals in Re Highland Silk Company, 41 F.(2d)…