Trust Co. v. Murphy

MINTON, Circuit Judge.

The primary reason for recovery urged below by the appellant was that it claimed to be entitled to an equitable lien upon certain real estate then in possession of a trustee in bankruptcy. In this view, it was necessary for the appellant to establish the existence of the equitable lien. On the hearing before the referee in bankruptcy on this question, there was a sharp conflict in the testimony. The referee found “that the evidence wholly failed to establish that the partnership (the bankrupts) entered into the oral agreement” set forth in the appellant’s petition. It…