National Bank of Athens v. Shackelford, 239 U.S. 81 (1915)

National Bank of Athens v. Shackelford

No. 40

Argued October 29, 1915
Decided November 8, 1915
[U.S. Reports citation not yet available]

APPEAL FROM THE CIRCUIT COURT OF APPEALS

FOR THE FIFTH CIRCUIT

Syllabus

A mortgage given for valuable consideration more than four month before the petition was filed held fraudulent and void a to creditor because fraudulently withheld from record until the day the petition was filed.

In this case, both courts below having concurred in finding as matter of fact that the mortgage was void because executed and withheld from record for the purpose of hindering and defrauding creditors, this Court follow the rule that such finding will not be disturbed unless clearly shown to be erroneous.

208 F. 677 affirmed.

The facts, which involve the validity of a mortgage lien on the property of the bankrupt, are stated in the opinion.