Mansell v. Carroll

HILL, Circuit Judge.

Appellee, as trustee in bankruptcy, brought this equitable plenary action against appellants to set aside a conveyance and mortgage of real property as fraudulent and preferential under the Bankruptcy Act and the Oklahoma Statutes. Appellants have appealed from an adverse judgment setting aside the conveyance and mortgage and appellee has cross-appealed from the trial court’s refusal to permit him to recover damages for the use and possession of the property by appellants.

The ease was submitted after both parties had filed a motion for summary judgment and it had been…