Lovie Westbrook v. J. M. Evans, Successor-Trustee of James Emmett Westbrook and Mildred M. Westbrook, Bankrupts

Eighth Circuit

Lovie Westbrook v. J. M. Evans, Successor-Trustee of James Emmett Westbrook and Mildred M. Westbrook, Bankrupts

337 F.2d 404

CourtCourt of Appeals for the Eighth Circuit

DecidedOctober 19, 1964

Docket17612

StatusPublished

Cited by2 cases

This text of 337 F.2d 404 (Lovie Westbrook v. J. M. Evans, Successor-Trustee of James Emmett Westbrook and Mildred M. Westbrook, Bankrupts) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Lovie Westbrook v. J. M. Evans, Successor-Trustee of James Emmett Westbrook and Mildred M. Westbrook, Bankrupts, 337 F.2d 404 (8th Cir. 1964).

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Opinion

PER CURIAM.

In this bankruptcy proceeding, the sole question that was litigated below is whether appellant, mother of bankrupt James Emmett Westbrook, took possession of the property described in her chattel mortgage prior to the date of the bankruptcy, so that she was entitled to have her claim allowed as a secured claim against the bankrupt’s estate. The Referee in Bankruptcy, after á hearing, resolved this question against the appellant, and the District Court, Judge Young, after analysis of the evidence in light of the applicable legal principles, affirmed the decision of the Referee in Bankruptcy. Judge Young’s soundly reasoned opinion is reported, sub nom, In Re Westbrook, 228 F.Supp. 966 (1964).

We have carefully reviewed the record, the findings of the Referee in Bankruptcy and the opinion of the District Court, and have considered the contentions of appellant. We conclude the findings of the Referee, sustained by the District Court, are fully supported by the evidence and are not clearly erroneous. We therefore affirm on the basis of the opinion of the District Court.

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PER CURIAM.

In this bankruptcy proceeding, the sole question that was litigated below is whether appellant, mother of bankrupt James Emmett Westbrook, took possession of the property described in her chattel mortgage prior to the date of the bankruptcy, so that she was entitled to have her claim allowed as a secured claim against the bankrupt’s estate. The Referee in Bankruptcy, after á hearing, resolved this question against the appellant, and the District Court, Judge Young, after analysis of the evidence in light of the applicable legal principles, affirmed the decision of the Referee in Bankruptcy. Judge Young’s soundly reasoned opinion is reported, sub nom, In Re Westbrook, 228 F.Supp. 966 (1964).

We have carefully reviewed the record, the findings of the Referee in Bankruptcy and the opinion of the District Court, and have considered the contentions of appellant. We conclude the findings of the Referee, sustained by the District Court, are fully supported by the evidence and are not clearly erroneous. We therefore affirm on the basis of the opinion of the District Court.

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337 F.2d 404, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lovie-westbrook-v-j-m-evans-successor-trustee-of-james-emmett-westbrook-ca8-1964.

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