Mattley v. Giesler

Citations

• 187 F. 970
• 110 C.C.A. 90
• 1911 U.S. App. LEXIS 4268

Syllabus

<p>1. Bankruptcy (§ 161*) — Preference—Failure to Record Transfer.</p> <p>Under Bankr. Act July 1, 1898, c. 541, § 60a. 30 Stat: 562 (U. S. Comp. St. 1901, p. 3445), as amended by Act Feb. 5, 1903, c. 487, § 13, 32 Stat.’ 799 (U. S. Comp. St. Supp. 1909, p. 1314), which provides that, “where a preference consists in a transfer, such period of four months shall not expire until four months after the date of the recording or registering of the transfer, if by law such recording or registering is required,’ a transfer by an instrument required by the state law to be recorded speaks from the time of the recording, and not from the date of its execution, and may be void as a preference under such section, regardless of the effect of the failure to record under the state law.</p> <p>[Ed. Note. — For other cases, see Bankruptcy, Cent. Dig. §§ 2G1-2G3: Dec. Dig. § 161. *1</p> <p>2. Bankruptcy (§ 184*) — Preferences—Transfers Required to be Recorded —“Requirement op Registration.”</p> <p>The statute of Nebraska (Comp. St. 1900, c. 32, § 3647) providing that every chattel mortgage not accompanied by immediate delivery and followed by continued change of possession “shall be absolutely void as against the creditors of the mortgagor, and as against subsequent purchasers and mortgagees in good faith.” unless it or a copy is filed with tlie comity clerk for registration, is a “requirement of registration,” within tile meaning of Bankr. Act .July 1, 1898, e. 541, § 60a, 80 Stat. 562 (XT. S. Comp. St. 1901, p. 8115). as amended by Act Feb. 5, 1908, c. 487, § 18, 82 Si at. 799 (F. S. Comp. St. Supp. 1909, p. 1814).</p> <p>IKd. Xote. — For oilier cases, see Bankruptcy, Cent. Dig. §§ 275-277; Dec. Dig. § 184.-]</p>