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BURNS MORTG. CO. v. BOND REALTY CORPORATION

No. 6031.

47 F.2d 985 (1931)

BURNS MORTG. CO., Inc., v. BOND REALTY CORPORATION et al.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied April 24, 1931.

Attorney(s) appearing for the Case

Carl T. Hoffman, of Miami, Fla., and Geo. Earl Hoffman, of Pensacola, Fla. (Carl T. Hoffman, of Miami, Fla., and C. E. Farrington, of Fort Lauderdale, Fla., on the brief), for appellant.

W. H. Burwell and D. H. Redfearn, both of Miami, Fla., for appellees.

Before FOSTER, Circuit Judge, and HUTCHESON and SIBLEY, District Judges.

SIBLEY, District Judge.

Prior to the election of a trustee in bankruptcy, Burns Mortgage Company, appellant, sought as transferee to prove as claims against the estate in bankruptcy of Maud E. Brickell two series of notes given for the purchase of land, each series for approximately $170,000. The objection of Bond Realty Company and other creditors, appellees, to the effect that no right of recovery on the notes existed at the date of the filing of the petition in...

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