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SWIFT v. HIGGINS

No. 7241.

72 F.2d 791 (1934)

SWIFT v. HIGGINS. In re HANNAH'S ESTATE. In re RENNER'S ESTATE.

Circuit Court of Appeals, Ninth Circuit.

September 5, 1934.

Attorney(s) appearing for the Case

Reuben G. Hunt, of Los Angeles, Cal., and Jefferson E. Peyser, of San Francisco, Cal., for appellant.

Wm. H. Penaat and Edward F. Penaat, both of San Francisco, Cal., for appellee.

Before WILBUR, SAWTELLE, and GARRECHT, Circuit Judges.

WILBUR, Circuit Judge.

On April 1, 1927, George A. Renner gave Jesse D. Hannah a chattel mortgage on a barge, or floating pile driver, owned by Renner, to secure the payment of three promissory notes executed by Renner on March 1, 1926, aggregating $8,000. The mortgage was not recorded until April 29, 1927, and in the interim, between the date of execution and date of recordation, Renner incurred general indebtedness which has not been satisfied. During the life of...

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