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FIDELITY TRUST CO. v. TENNESSEE CHARCOAL IRON CO.

No. 4111.

3 F.2d 857 (1925)

FIDELITY TRUST CO. v. TENNESSEE CHARCOAL IRON CO.

Circuit Court of Appeals, Sixth Circuit.

February 2, 1925.

Attorney(s) appearing for the Case

Claude L. Boyd, of Waynesboro, Tenn. (Frank M. Thompson, Atty. Gen., and Boyd & Boyd, of Waynesboro, Tenn., on the brief), for appellant.

John B. Keeble, of Nashville, Tenn. (Dan E. McGugin and Joseph Higgins, both of Nashville, Tenn., and Haggard & Haggard, of Waynesboro, Tenn., on the brief), for appellees.

John M. Cate, John B. Keeble, Jr., and John B. Keeble, all of Nashville, Tenn., amici curiæ.

Before DENISON, MACK, and DONAHUE, Circuit Judges.

DONAHUE, Circuit Judge (after stating the facts as above).

Before any right of action could possibly have accrued to the state revenue agent, under any statute of Tennessee to enforce a lien for taxes in the chancery courts of that state, the property of the Tennessee Charcoal Iron Company passed into the custody of the United States District Court. It is admitted that it is the duty of that court, on its own motion, to order and direct its receivers to pay all the...

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