Legal Opinion

Shafer v. Spruks

Court of Appeals for the Third Circuit

Decided October 26, 1915No. Nos. 1944, 1945PublishedCited by 4 opinions

Appeals from the District Court of the United .States for the Middle District of Pennsylvania; Chas. B. Witmer, Judge. Suit in equity by David Spruks, receiver of the Lackawanna Dairy Company, against PI. C. Shafer, trustee, and the Scranton Savings & Dime Bank. Heard on cross-appeals by the Scranton Bank and by intervening creditors.

1Opinion of the Court

McPITERSON, Circuit Judge.

In order to understand the controversy now in hand, we must go back to the suit that was decided by tins court in March, 1913, but was only recently reported in 225 Fed. at page, 480, — C. C. A. -. By reference to that opinion it will lie seen that in effect the mortgage then and now in question was adjudged to be an equitable lien on the aftcr-acquired land, and indeed there is no dispute now on that subject. The land was in Wyoming corpitj/, aud the mortgage was recorded there only; but the dairy company was the owner of personal property also both in Wyoming…

2Cases cited2 opinions

  1. Colonial Trust Co. v. Central Trust Co.Supreme Court of Pennsylvania · 1914
  2. Camden National Bank v. Fries-Breslin Co.Supreme Court of Pennsylvania · 1906

3Cited by4 opinions

  1. Union Trust Co. v. LongSupreme Court of Pennsylvania · 1932
  2. In re Burton Coal Co.District Court, N.D. Illinois · 1944
  3. Evans v. Robert Marsh Co., Inc.California Court of Appeal · 1931
  4. Republic Supply Co. v. ClarkCourt of Appeals for the Eighth Circuit · 1937

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