CALDWELL v. VALLEY NAT. BANK OF PHOENIX

No. 4673.

208 F.2d 645 (1953)

CALDWELL et al. v. VALLEY NAT. BANK OF PHOENIX et al.

United States Court of Appeals Tenth Circuit.

Rehearing Denied January 20, 1954.


Attorney(s) appearing for the Case

James B. Cooney, Las Cruces, N. M. (Garland, Sanders & Cooney and Edwin L. Mechem, Las Cruces, N. M., on the brief), for appellants.

George H. Rawlins, Phoenix, Ariz., and W. C. Whatley, Las Cruces, N. M. (Rawlins, Davis, Christy, Kleinman & Burrus, Phoenix, Ariz., were with him on the brief), for appellees.

Before PHILLIPS, Chief Judge, and BRATTON and HUXMAN, Circuit Judges.


PHILLIPS, Chief Judge.

The Caldwells have appealed from an order adjudging them bankrupts in an involuntary proceeding. On July 28, 1952, the Caldwells executed and delivered to E. Forrest Sanders, R. C. Garland and Edwin Mechem a mortgage on certain real property owned by the Caldwells to secure a note for $3,000, due one year from date. The involuntary petition pleaded the giving of that note and mortgage as an act of bankruptcy. If it was not an act of bankruptcy...

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