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ENSLEY v. FIRST NAT. BANK

No. 22-D.

17 F.2d 603 (1927)

ENSLEY v. FIRST NAT. BANK OF HOOPESTON.

District Court, E. D. Illinois.

February 28, 1927.

Attorney(s) appearing for the Case

Dyer & Dyer, of Hoopeston, Ill. (J. H. Dyer, of Hoopeston, Ill., of counsel), for plaintiff.

Gunn, Penwell & Lindley, of Danville, Ill. (Walter T. Gunn, of Danville, Ill., of counsel), for defendant.

LINDLEY, District Judge.

The plaintiff, trustee in bankruptcy, filed suit in equity to cancel a mortgage given to defendant bank within four months prior to the filing of the petition in bankruptcy and alleged to be a voidable preference. The master in chancery found that at the time of the execution of the mortgage, more than three months prior to the adjudication in bankruptcy, the bankrupt was insolvent, but that at said time the defendant and its officers acting...

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