In re City Drug Store

SPEER, District Judge.

Here is a controversy between the owner of a business house in Dublin, Ga., and the trustee in bankruptcy of its tenant. That tenant is the City Drug Store. It became bankrupt, owing to the landlord the sum of $236.67 for rent. The landlord insists that his right, as such, under the laws of the state of Georgia, gives him priority, and that his rent should be paid in full out of the assets.

This claim of priority is denied by the trustee. It is insisted for the latter that the levy of a distress warrant was, essential to the completion of the landlord’s lien. Here, while…