BROADWAY NAT. BANK OF TAMPA v. COOPER

No. 9419.

112 F.2d 564 (1940)

BROADWAY NAT. BANK OF TAMPA v. COOPER.

Circuit Court of Appeals, Fifth Circuit.

June 17, 1940.


Attorney(s) appearing for the Case

W. H. Jackson, T. Paine Kelly, Jr., and Melville Gunby Gibbons, Jr., all of Tampa, Fla., for appellant.

E. Calvin Johnson, of Tampa, Fla., for appellee.

Before FOSTER, HUTCHESON, and HOLMES, Circuit Judges.


HOLMES, Circuit Judge.

The referee in bankruptcy denied the petition of appellant to sell certain real estate free of liens. Upon petition to review, the district court reversed the ruling of the referee, and directed the allowance of the debt due appellant only as an unsecured claim. The question presented here is whether or not said debt is secured by a mortgage given by the bankrupt to secure a note executed to evidence an indebtedness incurred by partners doing...

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