Opinion · United States District Court
GUARANTY TRUST CO. OF N. Y. v. PACIFIC I. N., (D.Idaho 1938)
Guar. Tr. CO. OF N.Y. v. Pac. I. N. RY. CO., 17 F. Supp. 646 (United States District Court, D. Idaho,S.D. 1938)
- Type
- Opinion
- Court
- United States District Court
- Jurisdiction
- Federal
- Date
- 1937-01-08
- Topic
- general
GUARANTY TRUST CO. OF N. Y. v. PACIFIC I. N., (D.Idaho 1938) 17 F.
Citator
UpLaw has not yet analyzed GUARANTY TRUST CO. OF N. Y. v. PACIFIC I. N., (D.Idaho 1938). The absence of a flag is not a finding that it is good law.
GUARANTY TRUST CO. OF N. Y. v. PACIFIC I. N., (D.Idaho 1938)
17 F. Supp. 646
GUARANTY TRUST CO. OF NEW YORK v. PACIFIC I. N. RY. CO.
No. 1938.
United States District Court, D. Idaho,
S.D.
January 8, 1937.
West Page 647
Objections of trustee to allowance of claims as prior to lien of mortgage sustained.
John A. Carver, U.S. Dist. Atty., and E.H. Casterlin and Frank Griffin, Asst. U.S. Dist. Attys., all of Boise, Idaho, for the United States.
The objection is tenable when we come to consider the equitable rights of the mortgagee which attached to the mortgaged property as security and was a subsisting charge upon the mortgaged property of the Railroad Company before the United States and other claims, in any view, were in the position to assert and enforce their claims.
This principle is recognized by the Eighth Circuit Court of Appeals in the case of United States v. Guaranty Trust Company of New York,33 F.2d 533, where the court held that priority of claims of the United States are subordinate to the lien of mortgage which had attached before the indebtedness of the government accrued. The decision of the Circuit Court of Appeals in that case was affirmed by the Supreme Court in280 U.S. 478,50 S.Ct. 212,74 L.Ed. 556. In the case of the Savings Loan Society v. Multnomah County,169 U.S. 421,18 S.Ct. 392,395,42 L.Ed. 803, the Supreme Court further said: "This court has always held that a mortgage of real estate, made in good faith by a debtor to secure a private debt, is a conveyance of such an interest in the land as will defeat the priority given by the United States by act of congress in the distribution of the debtor's estate."
Accordingly an order will be entered sustaining the objections of the trustee to the allowance of the claim of the United States and the other claims as being prior to the mortgage lien, as they are subordinate to the lien of the mortgage of the bondholders, which has attached to the fund derived from the sale of the mortgaged property by the trustee before the indebtedness to the government and other claims accrued.West Page 650