In re Wynne
U.S. Circuit Court for the District of Virginia
[Appeal from the district court of the United States for the district of Virginia.] Wynne executed a deed of trust in August, 1866, to secure certain debts due to Enders, Paine & Williams, and this deed was at the time of its execution delivered to the latter. but never recorded by them. ■ Afterwards, in December, 1866, Wynne made another deed for the benefit of the same parties to secure the same debts as were secured by the unrecorded deed of August, which deed was…
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[Appeal from the district court of the United States for the district of Virginia.] Wynne executed a deed of trust in August, 1866, to secure certain debts due to Enders, Paine & Williams, and this deed was at the time of its execution delivered to the latter. but never recorded by them. ■ Afterwards, in December, 1866, Wynne made another deed for the benefit of the same parties to secure the same debts as were secured by the unrecorded deed of August, which deed was likewise delivered to the qui trusts and held by them until Saturday, March 2,1867, when it was recorded at their instance at…
1Opinion of the Court
CHASE, Circuit Justice.
The question in ■this case arises upon a petition of John Johns, Jr., assignee of Charles H. Wynne, an involuntary bankrupt, who asks for instructions as to the order of payment of claims against the bankrupt estate. Wynne was adjudicated a bankrupt on the petition of Wheelwright, Mudge & Co., filed in the district court of the United States for the district of Virginia on June 8, 1867. En-ders, Paine & Williams claimed to be preferred in payment under a deed of trust dated August, 1866, which was never recorded; or if that claim be disallowed, then under a deed of…
2Cases cited3 opinions
- Buckey v. SnoufferCourt of Appeals of Maryland · 1856
- Carr v. HiltonU.S. Circuit Court for the District of Maine · 1852
- Burket v. BoudeCourt of Appeals of Kentucky · 1835
3Cited by10 opinions
- In re ChaudronDistrict Court, D. Maryland · 1910
- In re Hays, Foster & Ward Co.District Court, W.D. Kentucky · 1902
- In re Southern Co. of Baltimore CityDistrict Court, D. Maryland · 1904
- United States v. Waddill, Holland & Flinn, Inc.Supreme Court of Virginia · 1944
- Bradford v. GrahamCourt of Appeals for the Fourth Circuit · 1923
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