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GENERAL MOTORS ACCEPTANCE CORPORATION v. SMITH

No. 10943.

377 F.2d 271 (1967)

GENERAL MOTORS ACCEPTANCE CORPORATION, Appellant, v. Alexander P. SMITH, Trustee in Bankruptcy, Appellee. In the Matter of Beverly Clarence SMITH, Individually and formerly a partner trading as South Norfolk Towing Company, Bankrupt.

United States Court of Appeals Fourth Circuit.

Decided May 16, 1967.

Attorney(s) appearing for the Case

Edward W. Wolcott, Norfolk, Va. (Wolcott, Wolcott & Payne, Norfolk, Va., on brief), for appellant.

Cadwallader J. Collins, Norfolk, Va. (Mann & Collins, Norfolk, Va., on brief), for appellee.

Before SOBELOFF and CRAVEN, Circuit Judges, and SIMONS, District Judge.

CRAVEN, Circuit Judge:

This case presents the question of priority of rights in a Cadillac possessed by Clarence Smith when he was adjudicated a bankrupt on October 29, 1965, The district court held that the interest of the trustee in bankruptcy prevailed over the interest of General Motors Acceptance Corporation, and GMAC appeals.1

The facts found by the district judge are not in dispute...

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