Preetorius v. Anderson
Court of Appeals for the Fifth Circuit
Petition for Superintendence and Revision of Proceedings of the District Court of the United States for the' Southern District of Georgia in Bankruptcy; Emory Speer, Judge. In the'matter of the bankruptcy of M. W. Barrett. E. M. Anderson’s landlord’s lien was granted priority over the mortgages of W. S. Preetorius and E. K. De Eoach, and they petition to superintend and revise the order.
1Opinion of the Court
PARDEE, Circuit Judge.
This is a contest for priority between two mortgage lienholders with duly recorded mortgages and a landlord’s lien with long after issued distress warrant. The bankrupt’s property was sold by the trustee free of liens, liens to attach to the proceeds. Among the several claimants of liens which were before the referee and marshaled by him were the following in the order of priority allowed:
“(a) Taxes due state, county and city; (b) I. W. Rhodes, laborer’s lien for wages; (c) W. S. Preetorius, mortgage; (d) E. IC De Loach, mortgage; (e) Carter Company, judgment; (f) E. M.…
2Cases cited5 opinions
- Garmany v. LawtonSupreme Court of Georgia · 1906
- Jones v. HowardSupreme Court of Georgia · 1896
- Elam v. HamiltonSupreme Court of Georgia · 1882
- Worrill v. BarnesSupreme Court of Georgia · 1876
- Southern Ry. Co. v. WilderCourt of Appeals for the Fifth Circuit · 1916
3Cited by4 opinions
- Lerner Stores Corporation v. Electric Maid Bake ShopsCourt of Appeals for the Fifth Circuit · 1928
- City of New Orleans v. HarrellCourt of Appeals for the Fifth Circuit · 1943
- Paul D. Pearlstein, Trustee for Sardis, Inc. v. U.S. Small Business Administration. Appeal of District of Columbia GovernmentCourt of Appeals for the D.C. Circuit · 1983
- City of New Orleans v. HarrellCourt of Appeals for the Fifth Circuit · 1943