Delaware County Nat. Bank v. Montgomery

THOMPSON, Circuit Judge.

This is an appeal from a decree of the District Court for the Eastern District of Pennsylvania. The appellee is the trustee of the bankrupt estate of the Victory Cleaning & Dye Works, Inc. He petitioned for leave to sell machinery and equipment contained in the plant of the bankrupt corporation. The appellant, as owner of a mortgage on the real estate of the corporation, claimed a lien on the machinery and equipment, and objected to the sale for that reason. The referee found that the machinery and equipment were personalty and dismissed the appellant’s objection. The…