ROBERTS v. YELLOW MANUFACTURING ACCEPTANCE CORPORATION

No. 20152.

315 F.2d 161 (1963)

Bobby Lee ROBERTS, Appellant, v. YELLOW MANUFACTURING ACCEPTANCE CORPORATION, Appellee.

United States Court of Appeals Fifth Circuit.

March 29, 1963.


Attorney(s) appearing for the Case

Herndon H. Wilson, Mobile, Ala., for appellant.

J. Edward Thornton, Mobile, Ala., W. Ford Reese, New Orleans, La., by Thornton & McGowin, Mobile, Ala., for appellee.

Before TUTTLE, Chief Judge, WOODBURY, Chief Judge, and BELL, Circuit Judge.


PER CURIAM.

Appellee filed a libel in rem and in personam to foreclose a preferred ship mortgage on the Oil Screw LEESHA, securing purchase price indebtedness represented by a promissory note.

Appellant Roberts, the mortgagor, by way of an affirmative defense, asserted that the mortgage and note were void by reason of non-compliance with the Alabama statutes in that the seller, the mortgagee and assignor of appellee, engaged in the transaction out of which...

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