Anderson v. Chenault
Court of Appeals for the Fifth Circuit
Appeal from the District Court of the United States for the Southern District of Georgia; Emory Speer, Judge. Proof of claim of J. O. & N. B. Chenault, secured by a chattel mortgage, against Roy S. Anderson, as trustee in bankruptcy of J. H. Beard. A referee’s order allowing the claim as preferred was affirmed by the District Judge, and the trustee appeals.
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Appeal from the District Court of the United States for the Southern District of Georgia; Emory Speer, Judge. Proof of claim of J. O. & N. B. Chenault, secured by a chattel mortgage, against Roy S. Anderson, as trustee in bankruptcy of J. H. Beard. A referee’s order allowing the claim as preferred was affirmed by the District Judge, and the trustee appeals. This case is brought to this court on an agreed statement of the record which shows: I. The proof of debt or intervention filed by the mortgagees, which was substantially and in brief as follows: (a) That they were creditors of Beard, the…
1Opinion of the CourtPardee, Circuit Judge
(after stating the facts as above). Assuming that the decree appealed from is final, and therefore that this appeal will lie, we find that the amount involved in the mortgage given by the Chenaults was $1,695.32, plus interest from June 14, 1911, to January 13, 1912, and that the actual amount in controversy in the case was the sum of $714.40, realized from the sale of the proceeds of cotton turned over to the trustee and claimed by the appellees under the mortgage.
[1] The contract between Beard and the Chenaults is substantially a mortgage on growing crops and personal property, and, as…
2Cited by8 opinions
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- Kettenbach v. WalkerIdaho Supreme Court · 1919
- Western Type Foundry v. Central Trust Co.Court of Appeals for the Seventh Circuit · 1915
- National Bank of Goldsboro v. HillDistrict Court, E.D. North Carolina · 1915
- In re SimpsonDistrict Court, D. Idaho · 1929
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