IN RE SUPERIOR METAL BED CO.

No. 5054.

69 F.2d 642 (1934)

In re SUPERIOR METAL BED CO. NATIONAL BOX CO. v. McKINLAY.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied April 14, 1934.


Attorney(s) appearing for the Case

John M. Lee and Thomas J. Carroll, both of Chicago, Ill., for appellant.

Edgar J. Schoen and H. Lester Seidner, both of Chicago, Ill., for appellee.

Before EVANS, SPARKS, and FITZHENRY, Circuit Judges.


EVANS, Circuit Judge.

If we accept as correct the findings of the referee, the legal question determinative of this appeal may be stated thus:

As against the trustee of the lessee's bankrupt estate, has a lessor of Illinois property, whose unrecorded lease gives him the right to distrain for rent due and a valid lien on lessee's property, exempt or not, as security for payment of rent, a valid lien on property (lessee's stock in trade) upon which he levied...

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