WHITING v. MILL ENGINEERING & SUPPLY CO.

No. 7885.

106 F.2d 473 (1939)

WHITING v. MILL ENGINEERING & SUPPLY CO.

Circuit Court of Appeals, Sixth Circuit.

September 18, 1939.


Attorney(s) appearing for the Case

Miller, Miller & Martin, of Johnson City, Tenn., for appellant.

Williams & Winston, of Johnson City, Tenn., for appellee.

Before HICKS, HAMILTON and ARANT, Circuit Judges.


ARANT, Circuit Judge.

This is an appeal from a decree affirming an order of a referee in bankruptcy, and adjudging appellee's right as vendor of certain saw mill machinery under a conditional sales contract to be superior to that of appellant as purchaser of the interest held by a mortgagee of the vendee. The deed of trust, under which appellant claims, was executed by the Whiting Lumber Company, now bankrupt, prior to the conditional sales contract under which appellee...

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