Legal Opinion

Wells v. Sharp

Court of Appeals for the Eighth Circuit

Decided October 1, 1913No. 3,717PublishedCited by 33 opinions

Appeal from the District Court of the United States for the District of South Dakota; James D. Elliott, Judge. In the matter of bankruptcy proceedings of the Plymouth Elevator* Company. From an order (191 Fed. 633), affirming the decision of a referee holding invalid a chattel mortgage executed by the bankrupt in favor of T. E. Wells & Co., it appeals.

1Opinion of the Court

ADAMS, Circuit Judge.

This is an appeal from a Judgment of the District Court for the District of South Dakota, affirming an order of *395the referee in bankruptcy awarding the proceeds of sale of two certain movable elevators located along a railroad in the state of Iowa to the trustee in bankruptcy of the Plymouth Elevator Company, for distribution among the general creditors, and not to T. E. Wells & Co., the appellant.

The facts as disclosed by the proof are these: Some. time before the elevator company was adjudicated a bankrupt its president executed a chattel mortgage purporting to convey…

2Cases cited7 opinions

  1. United States Fidelity & Guaranty Co. v. BraySupreme Court of the United States · 1912
  2. Robertson v. HowardSupreme Court of the United States · 1913
  3. In re RochfordCourt of Appeals for the Eighth Circuit · 1903
  4. Chauncey v. Dyke Bros.Court of Appeals for the Eighth Circuit · 1902
  5. Des Moines Manufacturing & Supply Co. v. Tilford Milling Co.South Dakota Supreme Court · 1897

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3Cited by33 opinions

  1. Isaacs v. Hobbs Tie & Timber Co.Supreme Court of the United States · 1931
  2. Taubel-Scott-Kitzmiller Co. v. FoxSupreme Court of the United States · 1924
  3. Page v. Arkansas Natural Gas CorporationCourt of Appeals for the Eighth Circuit · 1931
  4. Britton v. Western Iowa Co.Court of Appeals for the Eighth Circuit · 1925
  5. Edward R. Kenneally, Trustee of Reed Plumbing, Heating and Air-Conditioning, Inc. v. First National Bank of AnokaCourt of Appeals for the First Circuit · 1969

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