Fourth Nat. Bank v. Willingham
Court of Appeals for the Fifth Circuit
Appeal from the District Court of the United States for the Southern District of Georgia; Wm. B. Sheppard, Judge. Intervention by the Fourth National Bank of Macon, Ga., against E. Pringle Willingham, ■ trustee in bankruptcy of the estate of the Eester-Clark Shoe Company. From a decree denying the petition of intervention, the intervene? appeals.
1Opinion of the Court
SHEEBY, Circuit Judge.
The appellant filed in the court below an intervention, claiming that it held a mortgage for $5,300 on the stock of merchandise iri the store of the bankrupt company. The purpose of the appellant was to establish its mortgage as a secured or preferred claim against the estate of the bankrupt. The trustee filed his answer, resisting the proof of the mortgage as a preferred claim on various grounds, only one of which it is necessary to notice. It was claimed by the trustee that the mortgage was fraudulent and void because of an agreement between the parties to it that it…
2Cases cited1 opinion
- Clayton v. Exchange BankCourt of Appeals for the Fifth Circuit · 1903
3Cited by9 opinions
- Finefrock v. Kenova Mine Car Co.Court of Appeals for the Fourth Circuit · 1927
- Sullivan v. GinsbergSupreme Court of Georgia · 1935
- Butterfield v. WoodmanDistrict Court, D. Maine · 1914
- Manders v. WilsonCourt of Appeals for the Ninth Circuit · 1916
- Twentieth St. Bank v. SharitzCourt of Appeals for the Fourth Circuit · 1924
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