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BUTCHER v. HOWARD

715 S.W.2d 601 (1986)

C.H. BUTCHER, III, Plaintiff-Counter-Defendant-Appellee, v. Lewis S. HOWARD, Trustee for the C.H. Butcher, III Trust, Defendant, and John D. Kreis, Receiver of the C.H. Butcher, III Trust, Defendant-Counter-Plaintiff-Appellant.

Court of Appeals of Tennessee, Eastern Section.

Permission to Appeal Denied September 8, 1986.

Motion to Reconsider Denied November 3, 1986.

Attorney(s) appearing for the Case

John C. Speer, John S. Hicks, Heiskell, Donelson, Bearman, Adams, Williams & Kirsch, Knoxville, for defendant-counter-plaintiff-appellant.

Michael G. Hatmaker, Jeffrey L. Hall, Jacksboro, W. Zane Daniel, David L. Buuck, Daniel, Claiborne, Oberman & Buuck, Knoxville, for plaintiff-counter-defendant-appellee.

Permission to Appeal Denied by Supreme Court September 8, 1986.

OPINION

FRANKS, Judge.

The dispositive issue on appeal is whether the filing of a creditor's bill and the appointment of a receiver of trust estate property take precedence over a deed conveying a trust property made before, but not registered until after, the appointment of the receiver.

On July 1, 1976, C.H. Butcher, Jr., established an irrevocable trust, known as the C.H....

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