COLLINS v. BANK OF TITUSVILLE & TRUST CO.

No. 5727.

36 F.2d 482 (1929)

COLLINS v. BANK OF TITUSVILLE & TRUST CO. In re HENDRY.

Circuit Court of Appeals, Fifth Circuit.

December 14, 1929.


Attorney(s) appearing for the Case

David Peel, of Melbourne, Fla., and Leon Wilson Alexander, of Jacksonville, Fla., for appellant.

L. C. Crofton, of Titusville, Fla., for appellee.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.


WALKER, Circuit Judge.

The appellant, as trustee of the estate of a bankrupt, resisted a claim of the appellee based on a mortgage executed to it by the bankrupt and recorded within four months prior to the filing of the bankruptcy petition, on the ground that at the time the mortgage was given the bankrupt was insolvent and the appellee then had reasonable cause to believe that the enforcement of the mortgage would effect a preference. The court sustained the mortgage...

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