PAUL v. B. M. BEHRENDS BANK

No. 6249-A.

94 F.Supp. 694 (1951)

PAUL v. B. M. BEHRENDS BANK.

United States District Court, Alaska. First Division, Juneau.

January 8, 1951.


Attorney(s) appearing for the Case

Wm. L. Paul, Jr., Juneau, Alaska, for plaintiff.

R. E. Robertson, Juneau, Alaska, for defendant.


FOLTA, District Judge.

Upon re-argument, the defendant contended that its taking possession of the mortgaged property on December 9, 1948, cured any defect in the mortgages under the equitable lien theory. But this argument ignores the fact that this theory, with its doctrine of relation back, was swept away by the so-called perfection test of the Chandler Act, as amended, 11 U.S. C.A. § 96. Therefore, the act of taking possession on December 9, 1948 was of no...

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