In re Elletson Co.
District Court, N.D. West Virginia
In the matter of bankruptcy proceedings of the Elletson Company. On petition to revise an order denying the application of the Ritchie County Bank for the allowance of a claim against the bankrupt’s estate.
1Opinion of the Court
DAYTON, District Judge.
I have filed one opinion in this case (174 Fed. 859, affirmed in Ritchie County Bank v. McFarland, 183 Fed. 715, 106 C. C. A. 153), wherein the facts are fully set forth. The point there decided was that one of the deeds of trust relied upon by the bank to constitute its debt a preferred one was fraudulent and void. The bank now seeks to prove its debt as an unsecured one to which objections have been made by the trustee, and these have been sustained by the referee, and the bank has filed this petition to revise. The referee, as shown by a very full and able written…
2Cases cited13 opinions
- Keppel v. Tiffin Savings BankSupreme Court of the United States · 1905
- Tiffany v. National Bank of Mo.Supreme Court of the United States · 1874
- White v. CotzhausenSupreme Court of the United States · 1889
- Trimble v. WoodheadSupreme Court of the United States · 1881
- Gilbert v. PeppersWest Virginia Supreme Court · 1909
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3Cited by2 opinions
- Barks v. KleyneCourt of Appeals for the Eighth Circuit · 1926
- In re CahillDistrict Court, N.D. Ohio · 1912