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IN RE ACKERMANN

No. 6929.

82 F.2d 971 (1936)

In re ACKERMANN. WELLS v. CERMAK.

Circuit Court of Appeals, Sixth Circuit.

April 8, 1936.

Attorney(s) appearing for the Case

Byron Kuth, of Cleveland, Ohio (Kuth & Ehrke, of Cleveland, Ohio, on the brief), for appellant.

Richard D. Bovington, of Cleveland, Ohio (Bovington & Gresinger, of Cleveland, Ohio, on the brief), for appellee.

Before MOORMAN, SIMONS, and ALLEN, Circuit Judges.

SIMONS, Circuit Judge.

In Ohio a mortgage of personal property is void as to creditors where the mortgagor retains possession of the property with power of disposition. Francisco v. Ryan, 54 Ohio St. 307, 43 N.E. 1045, 56 Am.St.Rep. 711. The question here to be determined is whether the mortgagee had perfected his lien prior to the adjudication of the mortgagor as a bankrupt, and this in turn depends upon whether the mortgagee was in possession of the chattels at...

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