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McINTOSH v. UNITED STATES

No. 11078.

439 P.2d 464 (1968)

21 Utah 2d 12

James A. McINTOSH, Trustee in Bankruptcy, Estate of Bountiful Materials and Construction Company, Inc., B-446-65, Plaintiff and Appellant, v. UNITED STATES of America, Defendant and Respondent.

Supreme Court of Utah.

April 4, 1968.

Attorney(s) appearing for the Case

John H. Allen, of Allen & Paulsen, Salt Lake City, for appellant.

William T. Thurman, U.S. Atty., Walker E. Anderson, Asst. U.S. Atty., Salt Lake City, for respondent.

ELLETT, Justice:

This appeal involves two questions of law: (a) Is a mortgage given on property to be acquired in the future valid? (b) Is a chattel mortgage given on a motor vehicle valid when not registered with the Utah State Tax Commission within ten days after date?

The appellant is the trustee of a debtor that was adjudicated a bankrupt on April 21, 1965. On May 20, 1963, the debtor obtained a loan from the Small Business Administration and as security...

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