Cope v. Seltzer

BUFFINGTON, Circuit Judge.

After the Highland Silk Company was adjudged bankrupt, a contest arose between its trustee and a mortgagee of its plant, as to whether the silk-manufacturing machinery used therein passed to the trustee as personalty or was covered by a mortgage on the plant held by him. By agreement the machinery was sold, the price substituted therefor, and the matter referred to the referee. He took all the proof offered by the parties, and held the mortgagee was entitled to the fund. On certificate, the court, in an opinion reversing the referee, In re Highland Silk Co. (D. C.)…