IN RE COX

No. 8084.

132 F.2d 881 (1943)

In re COX. MUNCIE BANKING CO. v. RETHERFORD.

Circuit Court of Appeals, Seventh Circuit.

February 2, 1943.


Attorney(s) appearing for the Case

Walter D. White and George W. Pierce, both of Muncie, Ind., for appellant.

Francis A. Shaw, Ward Marshall, Ralph E. Rector, and Wm. H. Bales, all of Muncie, Ind., for appellee.

Before SPARKS, and KERNER, Circuit Judges, and LINDLEY, District Judge.


LINDLEY, District Judge.

Appellant, doing business as the Muncie Banking Company, appeals from a judgment setting aside, at the suit of the trustee in bankruptcy of Thomas J. Cox, a mortgage upon 40 acres of land belonging to the bankrupt, executed January 4, 1941, recorded January 13, 1941, following adjudication of the bankrupt on January 9, 1941, as a preference, voidable under the Bankruptcy Act. The appeal raises one question, whether the evidence was sufficient...

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