IN RE GILL

No. 8514.

92 F.2d 810 (1937)

In re GILL. FIRST NAT. BANK OF HUNTSVILLE et al. v. FORD.

Circuit Court of Appeals, Fifth Circuit.

November 17, 1937.


Attorney(s) appearing for the Case

Addison White, Clarence L. Watts, Douglass Taylor, and Schuyler H. Richardson, all of Huntsville, Ala., for appellant.

Geo. P. Cooper, of Huntsville, Ala., for appellee.

Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges.


HOLMES, Circuit Judge.

This appeal is from an order sustaining the referee in bankruptcy in the disallowance of appellant's claim of priority against the estate of Eugene R. Gill, bankrupt, but allowing it as a common claim; and ordering the sale of the property on which appellant asserted a lien, and the distribution of the proceeds to common creditors.

Eugene R. Gill was adjudicated a bankrupt on April 25, 1936. The mortgage in question bears date April...

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