In re Scruggs
District Court, S.D. Alabama
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
- Thompson v. FairbanksSupreme Court of the United States · 1905
- Zartman v. First Nat. Bank of WaterlooSupreme Court of the United States · 1910
- Knapp v. Milwaukee Trust Co.Supreme Court of the United States · 1910
- In re FrazinCourt of Appeals for the Second Circuit · 1910
- Martin v. OrgainCourt of Appeals for the Fifth Circuit · 1909
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Matter of Fred Sanders Co.United States Bankruptcy Court, E.D. Michigan · 1982
- Courtney v. Fidelity Trust Co.Court of Appeals for the Sixth Circuit · 1914
- Rosenblum v. UberCourt of Appeals for the Third Circuit · 1919
- Janney v. BellCourt of Appeals for the Fourth Circuit · 1940
- In re SolomonDistrict Court, E.D. Pennsylvania · 1941
7 more not listed; retrieve them via the Exa API.