ARNOLD v. PHILLIPS

No. 9660.

117 F.2d 497 (1941)

ARNOLD v. PHILLIPS. In re SOUTHERN BREWING CO.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied March 8, 1941.


Attorney(s) appearing for the Case

Leon Jaworski, of Houston, Tex., for appellant.

J. C. Hutcheson, III., of Houston, Tex., for appellee.

Before FOSTER, SIBLEY, and McCORD, Circuit Judges.


SIBLEY, Circuit Judge.

In a bankruptcy case the district court on the trustee's petition set aside a duly recorded deed of trust against the bankrupt corporation's entire plant, made over four years before bankruptcy to its then President and dominating and practically sole stockholder to secure advances of money to the corporation. A foreclosure of it by sale under power six months before bankruptcy was also cancelled, the deed being unrecorded at bankruptcy, and...

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