Legal Opinion

R. H. Demott v. A. C. Congdon, Trustee in Bankruptcy, for First Mortgage Corporation of Florida

Court of Appeals for the First Circuit

Decided January 3, 1967No. 23395_1Published

1Opinion of the Court

JONES, Circuit Judge:

A chattel mortgage was given by First Mortgage Corporation of Florida to the appellant, R. H. DeMott, covering “All the office equipment, furniture, fixtures and other personal property located in the building at 509 South Florida Avenue, Lakeland, Florida.” The mortgagor became bankrupt and the Trustee in Bankruptcy petitioned for an order to sell the office furniture, fixtures and equipment located on the premises of the bankrupt. The Trustee asserted and the Referee held that the mortgage was invalid as to the Trustee because of the insufficiency of the description of…

2Cases cited7 opinions

  1. Davis v. HorneSupreme Court of Florida · 1907
  2. Nat'l. Bank of Panama v. Nat'l. Bank of ChipleySupreme Court of Florida · 1925
  3. Bumb v. McIntyreCourt of Appeals for the Ninth Circuit · 1960
  4. Vanderpool Properties, Inc. v. Hess & Slager, Inc.Supreme Court of Florida · 1930
  5. Hubbard v. JebbDistrict Court of Appeal of Florida · 1964

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