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WETHERED, TR. v. ALBAN TRACTOR

[No. 140, September Term, 1960.]

224 Md. 408 (1961)

168 A.2d 358

WETHERED, TRUSTEE v. ALBAN TRACTOR COMPANY ET AL.

Court of Appeals of Maryland.

Motions for modification or rehearing filed April 10, 1961.

Denied April 12, 1961.

Attorney(s) appearing for the Case

Harrison M. Robertson, Jr., and Francis N. Iglehart, Jr., for appellant.

Nathan Patz and Lawrence A. Kaufman, for Alban Tractor Co., Inc. and Herbert L. Wynne, Trustee, two of the appellees.

Arnold Fleischmann, with whom was Lawrence I. Weisman on the brief, for Plaza Corporation, the other appellee.

The cause was argued before HENDERSON, HAMMOND, PRESCOTT, HORNEY and SYBERT, JJ.

Denied April 12, 1961. Certiorari denied, 368 U.S. 830.

HAMMOND, J., delivered the opinion of the Court.

A bankruptcy trustee, seeking to capture for the estate the proceeds of sale on foreclosure of an unrecorded chattel mortgage given by the bankrupt, contends on appeal from a decree rejecting his claim that he stands in the shoes of lien creditors who could have set aside the chattel mortgage and, therefore, that the mortgage and its foreclosure were ineffective...

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