The Federal Reporter with Key-Number Annotations, Volume 256: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, May-July, 1919. Page: 52
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256 rFDnRAL RPORTE
person upon whom service against the defendant could be made. On
all the evidence, I find and rule that the defendant was within this
jurisdiction, and the service was good.
In re DAVIES.
(District Court, W. D. Tennessee, W. D. March 4, 1919.
L BANKRUPTCY 184(1)--OLAzIM-RIGHTS OF PARTrIES.
Where personal property of the bankrupt, mortgaged in Illinois, was with
consent of the mortgagees removed to Tennessee, and thence removed to
Mississippi, and later carried to Arkansas, wherein the mortgagor was
adjudicated a bankrupt, rights of the mortgagees and general creditors
must be determined by the Arkansas laws.
2. BANKRUPTCY =184(1)-RIGHTS OF MORTGAGEES-REMOVAL OF PROPERTY.
Where mortgaged chattels, with consent of the mortgagee, were taken
from the state where the mortgage was executed, and thence brought into
Arkansas, held, that the mortgage lien continued and might be asserted
by the mortgagee to obtain priority over general creditors, on bankruptcy
of the mortgagor, which occurred while the property was in Arkansas; it
appearing that the mortgage was registered in Arkansas prior to bank-
& COURTS 4=366(18)-DroISION or STATE CoUrE AS CONTo oIaXG.
In absence of a decision by the highest court of the state, as to rights
under a chattel mortgage, the federal District Court will follow the
rule of decision prevailing in the Circuit Court of Appeals for the dis-
4. ACKNOWLEDGMENT =5 - REGISTRATION OF MORTGAGE - REAOKNOWLEDG-
Where mortgaged chattels, with the consent of the mortgagee, were re-
moved from the state where the mortgage was executed and registered,
and later brought into Arkansas, held, that no reacknowledgment was
necessary to registration in Arkansas.
5 CHATTEL MORTGAGES 461-EXECUTION-STATUTES.
Where, after chattel mortgage was executed and registered in foreign
state, chattels were brought into Arkansas, and the mortgage there rcgis-
tered, held, that Kirby & Castle's Dig. Ark. i 840, 844, 6397, requiring
chattel mortgages to be acknowledged as required for deeds of real
estate, did not apply.
In Bankruptcy. In the matter of the bankruptcy of R. M. Davies.
Roach & Stansell objected to an order of the referee allowing Baer
Bros. priority by virtue of a chattel mortgage on property that was
sold. On certification of exceptions. Order affirmed.
Henry Craft, of Memphis, Tenn., for plaintiff.
W. B. Rosenfield, of Memphis, Tenn., for defendant.
McCALL, District Judge. On the'8th 'day of October, 1917, R.
M. Davies executed his several promissory notes to Baer Bros. and
secured the payment thereof by 'executing on even date a mortgage
on 28 head of n les. The mortgage Was properly acknowledged and
filed for registration in St. Clair county, stte of 'Illinois, in which
county both the mortgagor and mortgagees lived, and where' the prop-
4=For other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes
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The Federal Reporter with Key-Number Annotations, Volume 256: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, May-July, 1919., legislative document, 1919; Saint Paul, Minnesota. (digital.library.unt.edu/ark:/67531/metadc38827/m1/66/: accessed May 25, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.