In re Rigney

COLLET, District Judge.

The facts have been adequately stated by the referee and restated in the court’s findings and need not be repeated for the purpose of this explanation of the theory upon which the legal conclusions are reached.

Claimant earnestly contends that the case of Lewin v. Telluride Iron Works Co., 8 Cir., 272 F. 590, is controlling and compels the conclusion that the holder of an unrecorded chattel mortgage has a lien upon the property covered by the chattel mortgage which may be enforced against the trustee in bankruptcy. Upon first impression it would seem that the Lewin case…