Bank of Madison v. Bell
Court of Appeals for the Fifth Circuit
Petition to Superintend and Revise, and Appeal from, the District Court of the United States for the Northern District of Georgia; Samuel H. Sibley, Judge. Action by the Bank of Madison against Austin Beil, trustee in bankruptcy of W. A. Smith, bankrupt. Petition by Bank of Madison to superintend and revise, and appeal from, an adverse decree.
1Opinion of the Court
PER CURJAM.
The ruling complained of was to the effect that under the law of Georgia the right of the assignee in an unrecorded assignment of a bond for title to land as security for a debt is subordinate to the lien of a judgment creditor of the assignor, and that the debtor’s trustee in bankruptcy, having the rights of a judgment creditor, has a lien which takes precedence of the unrecorded assignment of the bond for title. That ruling is sustained by the decision of this court in the case of Fuller v. Atlanta National Bank, 254 Fed. 278, 165 C. C. A. 566.
As we have not been convinced that…
2Cases cited1 opinion
- Fuller v. Atlanta Nat. BankCourt of Appeals for the Fifth Circuit · 1918
3Cited by1 opinion
- Credito y Ahorro Ponceno v. GorbiaCourt of Appeals for the First Circuit · 1928