Eichler v. Gray
Court of Appeals for the Ninth Circuit
1Opinion of the Court
DIETRICH, Circuit Judge.
The controlling question submitted is whether a trustee in bankruptcy has the requisite standing to challenge the validity of a mortgage in the form of a trust deed, signed and delivered in good faith for a present consideration, and covering real property in the state of California, upon the ground alone that the acknowledgment and the certificate thereof are void.
Section 67a of the Bankruptcy Act (11 USCA §' 107(a) provides that “claims, which for want of record or for other reasons would not have been valid liens as against the claims of the creditors of the…
2Cases cited7 opinions
- York Manufacturing Co. v. CassellSupreme Court of the United States · 1906
- Carey v. DonohueSupreme Court of the United States · 1916
- Bank of Ukiah v. Petaluma Sav. BankCalifornia Supreme Court · 1893
- Farmers' Exchange Bank v. PurdyCalifornia Supreme Court · 1900
- Talcott v. HurlbertCalifornia Supreme Court · 1904
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3Cited by4 opinions
- In The Matter Of Jane G. CliffordCourt of Appeals for the Fifth Circuit · 1978
- In Re George & John HurtDistrict Court, S.D. California · 1955
- In the Matter of Bernard George Luther, Whose Wife is Virginia Marie Luther, Bankrupt. Ruth Tirk, Creditor-Appellant v. Robert A. Southwell, TrusteeCourt of Appeals for the Ninth Circuit · 1972
- Ivey v. Transouth Financial Corp.Court of Appeals for the Fifth Circuit · 1978