Cooper Grocery Co. v. Penland
This text of 247 F. 480 (Cooper Grocery Co. v. Penland) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The Cooper Grocery Company, having a valid debt of about $6,000 against Christian Bros., took from them a mortgage over which the contest arises. At the time the mortgagors, still active in business, were indebted nearly $40,000. Mortgagors becoming bankrupts, mortgagee filed a claim for its debt and set up its mortgage. A contest was filed; it being alleged that mortgagors, fearing the effect upon their creditors and credit, requested, at the time the mortgage was given, that it be not recorded; that the Grocery Company acquiesced, and, as a result of the understanding, did not record the mortgage until about fifteen months after its execution, and about one month prior to the bankruptcy.
The judgment is affirmed.
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Cite This Page — Counsel Stack
247 F. 480, 159 C.C.A. 534, 1917 U.S. App. LEXIS 1689, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cooper-grocery-co-v-penland-ca5-1917.