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IN RE GIBSON

No. 6246.

65 F.2d 921 (1933)

In re GIBSON et al. PHILLIPS v. CREECH.

Circuit Court of Appeals, Sixth Circuit.

June 30, 1933.

Attorney(s) appearing for the Case

Cleon K. Calvert, of Pineville, Ky. (J. G. Bruce and W. L. Hammond, both of Pineville, Ky., on the brief), for appellant.

H. C. Gillis, of Williamsburg, Ky. (Tye, Siler, Gillis & Siler, of Williamsburg, Ky., and James H. Jeffries and E. B. Wilson, both of Pineville, Ky., on the brief), for appellee.

Before MOORMAN, HICKS, and SIMONS, Circuit Judges.

MOORMAN, Circuit Judge.

On July 19, 1929, T. F. and H. J. Gibson executed a mortgage for $10,000 to John L. Phillips to secure an antecedent debt of $4,000 and a present loan of $6,000. The mortgage was recorded November 13, 1929. On February 7, 1930, involuntary petitions in bankruptcy were filed against the Gibsons. After adjudication, this suit was brought by the trustee to cancel the mortgage on the ground that it constituted a voidable preference under section...

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