PHOENIX TITLE & TRUST COMPANY v. STEWART

No. 18819.

337 F.2d 978 (1964)

PHOENIX TITLE AND TRUST COMPANY, Appellant, v. Myles STEWART, Trustee of the Estate of Arthur Peabody and Olive Peabody, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied December 1, 1964.


Attorney(s) appearing for the Case

Clague A. Van Slyke, Tucson, Ariz., for appellant-cross appellee Myles Stewart, trustee, etc. and another.

Ashby I. Lohse, John Donahue, Jr., Lohse, Donahue & Bloom, Tucson, Ariz., for appellee-cross appellant Phoenix Title & Trust Co.

Before ORR, HAMLEY and BROWNING, Circuit Judges.


HAMLEY, Circuit Judge:

This is a proceeding in bankruptcy to determine the validity of a security interest in specific property asserted by Phoenix Title and Trust Company (Phoenix Title).1 The referee determined that the asserted security interest is void and ordered the company to turn over to the trustee in bankruptcy property obtained in the exercise of purported rights accorded by such, security interest. On review the district court...

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