Legal Opinion

Caldwell v. Valley Nat. Bank of Phoenix

Court of Appeals for the Tenth Circuit

Decided January 20, 1954No. 4673PublishedCited by 1 opinion

1Opinion of the Court

PHILLIPS, Chief Judge.

The Caldwells have appealed from an order adjudging them bankrupts in an involuntary proceeding. On July 28, 1952, the Caldwells executed and delivered to E. Forrest Sanders, R. C. Garland and Edwin Mechem a mortgage on certain real property owned by the Cald-wells to secure a note for $3,000, due one year from date. The involuntary petition pleaded the giving of that note and mortgage as an act of bankruptcy. If it was not an act of bankruptcy, there was no basis for the adjudication.

The facts with respect to the transaction are these:

On December 26, 1951, the Valley…

2Cases cited9 opinions

  1. In Re Wood and HendersonSupreme Court of the United States · 1908
  2. In Re FalkCourt of Appeals for the Second Circuit · 1929
  3. In Re Klein-Moffett Co.District Court, D. Maryland · 1928
  4. In re StolpDistrict Court, E.D. Wisconsin · 1912
  5. Furth v. StahlSupreme Court of Pennsylvania · 1903

4 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Bethea v. Robert J. Adams & AssociatesDistrict Court, N.D. Illinois · 2003

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