Legal Opinion

In re Scruggs

District Court, S.D. Alabama

Decided May 19, 1913No. 1,172PublishedCited by 12 opinions

In Bankruptcy. In the matter of bankruptcy proceedings of George F. Scruggs. Petition by the trustee to review a referee’s order allowing a claim of a lien on the proceeds of sale of the bankrupt’s stock of goods, etc., and for the rent of a storehouse of which the bankrupt was a lessee.

1Opinion of the Court

TOULMIN, District Judge.

This case is submitted on an agreed statement of facts with the lease given for the premises.

f 1 j The statute of Alabama provides that:

“The landlord of any storehouse * * * or other .building shall have a lien on the goods, furniture, and effects belonging- to the tenant, ® ® for the rent, which shall be superior to all other liens, except those for taxes.” Code Ala. § 4717.

And the construction of this statute is a matter for the state courts of Alabama. The Supreme Court of Alabama in considering this statute held that the lien attaches from the commencement of the…

2Cases cited10 opinions

  1. Thompson v. FairbanksSupreme Court of the United States · 1905
  2. Zartman v. First Nat. Bank of WaterlooSupreme Court of the United States · 1910
  3. Knapp v. Milwaukee Trust Co.Supreme Court of the United States · 1910
  4. In re FrazinCourt of Appeals for the Second Circuit · 1910
  5. Martin v. OrgainCourt of Appeals for the Fifth Circuit · 1909

5 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Matter of Fred Sanders Co.United States Bankruptcy Court, E.D. Michigan · 1982
  2. Courtney v. Fidelity Trust Co.Court of Appeals for the Sixth Circuit · 1914
  3. Rosenblum v. UberCourt of Appeals for the Third Circuit · 1919
  4. Janney v. BellCourt of Appeals for the Fourth Circuit · 1940
  5. In re SolomonDistrict Court, E.D. Pennsylvania · 1941

7 more not listed; retrieve them via the Exa API.

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