In re Nuckols
District Court, E.D. Tennessee
In the matter of Jay Nuckols, bankrupt. On review of order of referee allowing the claim of the Mechanics’ Bank & Trust Company as a secured debt. This cause came before the court on petition of the trustee in bankruptcy for review of an order of the referee allowing the claim of the Mechanics’ Bank & Trust Co. as a secured claim and disallowing the trustee’s objection thereto.
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In the matter of Jay Nuckols, bankrupt. On review of order of referee allowing the claim of the Mechanics’ Bank & Trust Company as a secured debt. This cause came before the court on petition of the trustee in bankruptcy for review of an order of the referee allowing the claim of the Mechanics’ Bank & Trust Co. as a secured claim and disallowing the trustee’s objection thereto. The material facts, as shown by the referee’s certificate, were these: On July 9, 1910, about seven months prior to the institution of the bankruptcy proceedings, the bankrupt, being then a citizen and resident of Knox…
1Opinion of the Court
SANFORD, District Judge.
[1] 1. As section 2033 of the Tennessee Code (Shannon 3706) provides that all mortgages of personal property shall be registered in the county where “the person executing the same resides, and in case of his non-residence, where the property is,” and as the bankrupt resided in Knox County, Tennessee on July 9, 1910, when the chattel mortgage in question was executed, it is clear that such chattel mortgage, not having been registered in Tennessee, must be deemed, so far as the Tennessee statute is concerned, an unregistered instrument.
2. Section 8 of the Act as approved…
2Cases cited17 opinions
- Green v. Van BuskirkSupreme Court of the United States · 1869
- Guillander v. . HowellNew York Court of Appeals · 1866
- Denny v. FaulknerSupreme Court of Kansas · 1879
- Ames Iron Works v. WarrenIndiana Supreme Court · 1881
- Smead v. ChandlerSupreme Court of Arkansas · 1903
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3Cited by6 opinions
- Cappon v. O'DayWisconsin Supreme Court · 1917
- In re Pittsburg-Big Muddy Coal Co.Court of Appeals for the Seventh Circuit · 1914
- Murphy v. Bankers Commercial Corp.District Court, S.D. New York · 1953
- Duncan v. PinkhamCourt of Appeals for the Ninth Circuit · 1959
- Marks v. PinkhamCourt of Appeals for the Ninth Circuit · 1959
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