IN RE CUNNINGHAM

No. 3403.

64 F.2d 296 (1933)

In re CUNNINGHAM. HIGDON et al. v. JONES et al.

Circuit Court of Appeals, Fourth Circuit.

April 4, 1933.


Attorney(s) appearing for the Case

T. B. Higdon, of Atlanta, Ga., for appellant W. L. Higdon.

Wm. L. McCoy, of Franklin, N. C. (R. D. Sisk, of Franklin, N. C., on the brief), for certain creditors, appellees.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.


SOPER, Circuit Judge.

Higdon and Franks filed a petition in the matter of W. C. Cunningham, a bankrupt, asking that a deed of trust on a stock of goods, executed by the bankrupt for their benefit, be enforced as a prior lien on the property described therein. The bankrupt bought the stock of goods from one J. T. Porter for $10,000 on January 27, 1930, paying $500 in cash and giving his promissory notes, payable in four months for the balance, indorsed as an accommodation...

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