Legal Opinion
Liberty Nat. Bank & Trust Co. v. Bankers Trust Co.
Court of Appeals for the Fifth Circuit
Decided July 12, 1945No. 11350PublishedCited by 3 opinions
1Opinion of the Court
HUTCHESON, Circuit Judge.
Another of the many dependent controversies1 which have arisen in the reorganization proceedings 'of the Central of Georgia Railway, this one comes up on the neutral2 petition of debtor’s trustee to determine priorities of mortgage liens, if any, on certain coal lands of the debtor acquired in 1905. The real contestants in it are the trustees under six mortgages. Five of these, executed in 1895, the First Mortgage,3 the Consolidated Mortgage,4 and the First, Second and Third Preference Income Mortgages,5 base their claim on after acquired property clauses in their…
2Cases cited17 opinions
- Sun Oil Co. v. BurnsTexas Supreme Court · 1935
- The Three FriendsSupreme Court of the United States · 1897
- Smith v. McCulloughSupreme Court of the United States · 1881
- Gibbs v. BarkleyTexas Commission of Appeals · 1922
- Cleveland Trust Co. v. Consolidated Gas, Electric Light & Power Co.Court of Appeals for the Fourth Circuit · 1932
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3Cited by3 opinions
- Bowles v. Superior Packing Co.District Court, D. Minnesota · 1945
- In re Wisconsin Cent. Ry. Co.District Court, D. Minnesota · 1946
- Empire Trust Co. v. United States Trust Co.Court of Appeals for the Eighth Circuit · 1948