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PEARSON v. RAPSTINE

No. 14141.

203 F.2d 313 (1953)

PEARSON v. RAPSTINE et al.

United States Court of Appeals Fifth Circuit.

Rehearing Denied May 6, 1953.

Attorney(s) appearing for the Case

E. Byron Singleton, Singleton & Trulove, Amarillo, Tex., for appellant.

Guy Hardin, Shamrock, Tex., John R. Fullingim, Amarillo, Tex., Thos. L. Wade, J. B. Maguire, Jr., Curtis Douglass and Henry Gilchrist, Curtis Douglass and J. B. Maguire, Pampa, Tex., Smith, Teed, Wade & Waters, Pampa, Tex., for appellees.

Before HOLMES, RUSSELL and STRUM, Circuit Judges.

STRUM, Circuit Judge.

This appeal is from a judgment below holding that a state court decree foreclosing a chattel mortgage is binding upon the trustee in bankruptcy of the mortgagor.

On or about October 1, 1949, appellee Frank Rapstine sold and delivered his bakery business to Clifton B. Estes, taking as a part of the purchase price Estes' note for $10,000, payable in monthly installments of $85 each, secured by...

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