Simmons v. Greer
Court of Appeals for the Fourth Circuit
Appeal from the District Court of the United States for the District of South Carolina, at Charleston, in Bankruptcy. Proceedings for the distribution of a fund arising from the sale of the bankrupt’s mortgaged stock of merchandise. Prom an order disallowing the claim of the mortgagee (16A Fed. 300), he appeals.
1Opinion of the Court
MORRIS, District Judge.
This is a controversy over the distribution of a fund arising from the sale of a stock of merchandise belonging to the bankrupts which, on February' 20, 1906, was mortgaged to the appellant, B. 1. Simmons. So far as affected by the bankrupt law, it is conceded that, as to the Sil,958.89 loaned at the time the mortgage was executed, the mortgage is not invalidated by the bankrupt law (Act July 1, 1898, c. 541, 30 Stat. 544 [U. S. Comp. St. 1901, p. 3418]). The question in controversy arises from the fact that the mortgage was kept off the record until April 5, 1906, a…
2Cases cited1 opinion
- In re CannonDistrict Court, D. South Carolina · 1903
3Cited by9 opinions
- In Re HoustonUnited States Bankruptcy Court, D. South Carolina · 2009
- Industrial Finance Corp. v. CapplemannCourt of Appeals for the Fourth Circuit · 1922
- In re RiehlDistrict Court, D. Maryland · 1912
- L. A. Becker Co. v. GillCourt of Appeals for the Eighth Circuit · 1913
- Washington v. TearneyCourt of Appeals for the Fourth Circuit · 1912
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