Irving Widett, Trustee v. Clement D'AnDriA

WOODBURY, Circuit Judge.

A Referee in Bankruptcy, at a hearing on a petition to establish the lien of a mortgage of personal property located in Massachusetts and given to the petitioner’ by' the bankrupt more than four months before it was petitioned into bankruptcy, admitted parol evidence to show the actual day upon which the mortgage was executed when the instrument itself gave- only the month and year. On the basis of this evidence the Referee found that the mortgage, although dated “this - . . day of February 1954,” had in fact been executed and delivered on February 15, 1954. Thus,…