LEITER v. STEINBACH

No. 13006.

184 F.2d 751 (1950)

LEITER et al. v. STEINBACH et al. STEINBACH et al. v. LEITER et al.

United States Court of Appeals, Fifth Circuit.

October 27, 1950.


Attorney(s) appearing for the Case

Ben T. Beasley, Jr., Sidney T. Schell, Atlanta, Ga., for appellant and cross-appellees.

Joel R. Parker, Benjamin M. Parker, and R. Emerson Gardner, Atlanta, Ga., for appellee and cross-appellants.

Before HUTCHESON, Chief Judge, and HOLMES and RUSSELL, Circuit Judges.


RUSSELL, Circuit Judge.

The question presented by this appeal, dispositive of the case without regard to other subordinate questions raised, concerns the power of a Court of Bankruptcy, under the circumstances of this case, to determine the validity, priority and effect of an assignment of homestead exemption executed by the bankrupt as a part of a note evidencing indebtedness, and to adjudge delivery of the property to the creditor, when the contest is solely between...

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