Cobb v. First Nat. Bank
District Court, N.D. Georgia
Tn Equity. Suit by Carlisle Cobb, trustee in bankruptcy of W. F. Ledbetter, against the First National Bank of Livonia and others. On motion to dismiss the bill.
1Opinion of the Court
SIBLEY, District Judge.
Cobb, as trustee in bankruptcy, brings a plenary suit against the First National Bank of Livonia to cancel a deed absolute in form, but alleged to be really a security, and a motion to dismiss is made on the ground, among others, that the bill is without equity and sets forth no cause of action.
Without regarding a partial reference and report of a special master, the material facts,- stated chronologically, which appear from the bill, construed most strongly against the pleader, and from the record of a former bankruptcy of Ledbetter, which has been agreed to be…
2Cases cited6 opinions
- Martin v. Commercial Nat. Bank of MacOnSupreme Court of the United States · 1918
- National Bank of Athens v. ShackelfordSupreme Court of the United States · 1915
- Cohen v. ChambersCourt of Appeals for the Fifth Circuit · 1910
- Philmon v. MarshallSupreme Court of Georgia · 1902
- Glover Grocery Co. v. DorneSupreme Court of Georgia · 1902
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3Cited by6 opinions
- In re BryerCourt of Appeals for the Second Circuit · 1922
- McBride v. FarringtonDistrict Court, D. Oregon · 1945
- In re PalmerDistrict Court, S.D. New York · 1932
- Berryman v. DoreIdaho Supreme Court · 1929
- Hanssen v. WingrenCourt of Appeals for the Tenth Circuit · 1941
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