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OSTEEN v. NICHOLS

No. 5348.

28 F.2d 1016 (1928)

M. R. OSTEEN, Appellant, v. S. J. NICHOLS, as Trustee in Bankruptcy of J. J. GOSS, Bankrupt, Appellee.

Circuit Court of Appeals, Fifth Circuit.

October 19, 1928.

Attorney(s) appearing for the Case

Frank Armfield, of Concord, N. C., and Mark B. Eubanks, of Rome, Ga. (L. T. Hartsell and M. B. Sherrin, both of Concord, N. C., on the brief), for appellant.

Barry Wright, of Rome, Ga. (Jno. K. Davis, of Cedartown, Ga., and Willingham, Wright & Covington, of Rome, Ga., on the brief), for appellee.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

PER CURIAM.

This is an appeal from a decree canceling a conveyance of land to appellant made by a bankrupt a short time before the filing of the voluntary petition under which he was adjudged bankrupt. We are of opinion that the evidence adduced, exclusive of that the admission of which over objection is complained of, was such as to require the conclusion that the attacked deed was invalid as to the bankrupt's creditors. The court did not err in so adjudging.

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