First Nat. Bank of Pikeville v. Elliott

KILLITS, District Judge.

There is under consideration tbe petition of tbe Eirst National Bank of Pikeville, Ky., to revise an order of tbe District Court, in tbe matter of petitioner’s asserted claims against tbe trustee in bankruptcy of Nancy Jane Var-ney and Pricy A. Varney. Two questions arise, depending upon different states of fact. Respecting tbe first tbe essential facts are as follows:

One Rutherford, owning an undivided interest in a tract of land, mortgaged tbe same to tbe petitioner for $8,177. Subsequently Rutherford, having acquired tbe full interest, sold tbe property to tbe…