Dugan v. Beckett
Court of Appeals for the Fifth Circuit
Appeal from the District Court of the United States for the Northern District of Mississippi. On February 26, 1901, Joe A. Cohen executed and delivered the following mortgage: “In consideration of .the sum of one dollar, I convey and warrant to J. C. Baptist, as trustee, the following property now situated in the storehouse now occupied by J. A. Cohen in the City of West Point, Clay County, Mississippi, to-wit: “All the stock of goods, wares and merchandise now in said…
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Appeal from the District Court of the United States for the Northern District of Mississippi. On February 26, 1901, Joe A. Cohen executed and delivered the following mortgage: “In consideration of .the sum of one dollar, I convey and warrant to J. C. Baptist, as trustee, the following property now situated in the storehouse now occupied by J. A. Cohen in the City of West Point, Clay County, Mississippi, to-wit: “All the stock of goods, wares and merchandise now in said storehouse, together with all showcases, counters, fixtures and iron safe. Also all goods, wares and merchandise to be…
1Opinion of the CourtShelby, Circuit Judge
The appellant’s -contention is that the mortgage to secure the debt to Beckett is void under the common law and the statutes of Mississippi. If that is true, although it was executed more than four months before the adjudication in bankruptcy, it could not be enforced as a valid lien on the bankrupt’s estate against the creditors of the bankrupt. The appellant contends (i) that the mortgage is void for actual fraud, and (2) that it is void on its face. There is nothing in the record to sustain the first contention. The evidence shows.without conflict that Beckett only sought to secure the…
2Cases cited9 opinions
- Etheridge v. SperrySupreme Court of the United States · 1891
- People's Savings Bank v. BatesSupreme Court of the United States · 1887
- Robinson v. ElliottSupreme Court of the United States · 1875
- Emerson v. SenterSupreme Court of the United States · 1886
- Means v. DowdSupreme Court of the United States · 1888
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Haggart v. WilczinskiCourt of Appeals for the Fifth Circuit · 1906
- Mitchell v. MitchellDistrict Court, E.D. North Carolina · 1906
- In re Wright & WeissingerDistrict Court, N.D. Mississippi · 1921
- Crane Co. v. Fidelity Trust Co.Court of Appeals for the Ninth Circuit · 1916