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LOVETT v. FAIRCLOTH

No. 4466.

10 F.2d 301 (1925)

LOVETT v. FAIRCLOTH. In re LILLY.

Circuit Court of Appeals, Fifth Circuit.

December 21, 1925.

Attorney(s) appearing for the Case

Stanley S. Bennet, of Quitman, Ga., and Otis H. Dukes, of Valdosta, Ga. (Bennet & Bennet, of Quitman, Ga., and Whitaker & Dukes, of Valdosta, Ga., on the brief), for appellant.

Sam T. Harrell, of Quitman, Ga., for appellee.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

BRYAN, Circuit Judge.

This is an appeal by a trustee in bankruptcy from an order of the District Court holding that a valid lien superior to the claims of unsecured creditors existed on practically all of the bankrupt's property.

In May, 1924, H. F. Lilly, the bankrupt, was a merchant and owned a stock of dry goods at Quitman, Ga. At that time he also owned some real estate, which was valued at from $3,000 to $5,000, but it was mortgaged to secure a loan of...

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