Foster v. Hamblin

CELEBREZZE, Circuit Judge.

This appeal comes to us from a judgment of the United States District Court for the Eastern District of Kentucky affirming the findings of fact and law of the Referee in Bankruptcy, Octavia O. Foster, Billy Howard Smith, Clyde Heflin, Trustee, Ethel Smith and *1045Judy Porter, hereinafter Appellants, aver that their security interest in the bankrupt’s mining machinery and equipment has priority over the lien arising under Section 70(c) of the Bankruptcy Act, 11 U.S.C. § 110(e) in favor of Willard M. Hamblin, Trustee in Bankruptcy, hereinafter Appellee.

In a lease dated…