WHITAKER-GLESSNER CO. v. OHIO SAVINGS BANK & TRUST CO.

No. 4945.

22 F.2d 773 (1927)

WHITAKER-GLESSNER CO. v. OHIO SAVINGS BANK & TRUST CO. et al.

Circuit Court of Appeals, Sixth Circuit.

November 18, 1927.


Attorney(s) appearing for the Case

Geo. W. Ritter, of Toledo, Ohio (Wright Hugus, of Wheeling, W. Va., and John S. Brumback, of Toledo, Ohio, on the brief), for appellant.

John F. Wilson, of Columbus, Ohio, and John E. Morley, of Cleveland, Ohio (Wilson & Rector, of Columbus, Ohio, on the brief), for appellees.

Before DENISON and MOORMAN, Circuit Judges.


MOORMAN, Circuit Judge.

Suits were brought to foreclose mortgages on canning plants in Ohio, Michigan, Illinois, Indiana, and Kentucky. The mortgages purported to cover all property, real and personal, used in connection with the plants. The lower court held that they were effective in Ohio, Michigan, and Illinois only as real estate mortgages; but decreed that certain parts of the machinery in the plants in those states were such fixtures as were subject to the mortgages...

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