Bank of Hattiesburg v. Carter
Court of Appeals for the Fifth Circuit
Appeal from, and Petition for Revision of Proceedings of, the District Court of the United States for the Southern District of Mississippi; Henry C. Niles, Judge. In the matter of H. P. Moliere, bankrupt. To review an order giving preference to a landlord’s lien in favor of J. P. Carter, the Bank of Hattiesburg appeals and petitions to revise said order.
1Opinion of the Court
PARDEE, Circuit Judge.
The case shows that in the bankruptcy of 11. P. Moliere, pending in the District Court of the United States for the Southern District of Mississippi, the Bank of Hattiesburg proved its claim for $2,380, with interest, secured by a deed of trust covering certain movables, which proof of debt by preference was duly allowed. Thereafter J. P. Carter, as landlord of a certain building rented to the bankrupt, probated his claim of $800 on the same movables,, claiming a lien thereon under the laws of the state of Mississippi. Section 2851, Code Miss. 1906.
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2Cases cited5 opinions
- H. & C. Newman v. Bank of GreenvilleMississippi Supreme Court · 1889
- Henry v. DavisMississippi Supreme Court · 1882
- Stamps v. Gilman & Co.Mississippi Supreme Court · 1871
- Marye v. John T. Dyche, Gates, Gillespie & Co.Mississippi Supreme Court · 1869
- Fitzgerald v. FowlkesMississippi Supreme Court · 1882
3Cited by2 opinions
- Patterson v. BroachDistrict Court, S.D. Mississippi · 1932
- Seay v. McCaugheyDistrict Court, S.D. Mississippi · 1934