Feick v. Stephens
| Decision Date | 08 April 1918 |
| Docket Number | 3091. |
| Citation | 250 F. 191 |
| Parties | FEICK v. STEPHENS et al. In re SANDUSKY AUTO PARTS & MOTOR TRUCK CO. |
| Court | U.S. Court of Appeals — Sixth Circuit |
Malcolm Kelly, George E. Reiter, and H. L. Peeke, all of Sandusky, Ohio, for plaintiff in error.
John F. Hertlein, of Sandusky, Ohio (King & Ramsey, of Sandusky, Ohio, of counsel), for defendant in error Stephens.
Healy, Ferris & McAvoy, of Cincinnati, Ohio, for defendant in error Union Sav. Bank & Trust Co.
Before KNAPPEN, MACK, and DENISON, Circuit Judges.
In case No. 3092 (250 F. 185), we have this day decided the merits of the matters sought to be brought here for review by writ of error. The question of the validity of an alleged mechanic's lien on a bankrupt's property and its priority, if valid, over the lien of a trust deed in the nature of a mortgage raised by what was properly treated by the parties as an intervening petition of the lien claimant to establish his lien and the answers thereto of the trustee in bankruptcy and the trustee under the trust deed, involves a controversy arising in a proceeding in bankruptcy. It is therefore reviewable only by appeal under section 24a of the Bankruptcy Act. Houghten v. Burden, 228 U.S. 161, 33 Sup.Ct. 491, 57 L.Ed. 780.
Writ of error dismissed.
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- Stephens v. Union Sav Bank & Trust Co. of Cincinnati
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Feick v. Stephens
...for Edward S. Stephens, trustee. Healy, Ferris & McAvoy, of Cincinnati, Ohio, for Union Savings Bank & Trust Co., trustee. See, also, 250 F. 191, . . . C.C.A. . . . In July, 1912, after appellant, George Feick, had submitted estimates, the Sandusky Auto Parts & Motor Truck Company entered i......