CROTHERS v. SOPER et al. In re STEELE

CROTHERS v. SOPER et al. In re STEELE. (Circuit Court of Appeals, Fourth Circuit. January 12, 1926.) No. 2421. Bankruptcy 184(2)— Claim under mortgage withheld from record, so as not to affect mortgagor’s credit, properly expunged and disallowed. Where mortgage was withheld from record, so as not to affect mortgagor’s credit, claim thereunder was properly disallowed and expunged from record of trustee in bankruptcy. Appeal from the District Court of the United States for the District of Maryland, at Baltimore, in Bankruptcy. In the matter of the bankruptcy of J ames Groome Steele. The claim of Omar D. Crothers was disallowed and expunged from the record of Morris A. Soper and others, trustees, by the referee and the District Court, and claimant appeals. Affirmed. Isaac L. Straus, of Baltimore, Md., for appellant. William J. Bratton and Albert D. Mae-key, both of Elkton, Md. (Clarence K. Bowie and Bowie & Clark, all of Baltimore, Md., on the brief), for appellees. Before WADDILL and PARKER, Circuit Judges, and WATKINS, District Judge. [MAJORITY — PER CURIAM.] PER CURIAM. Having regard to the peculiar facts and circumstances of this ease, the relations existing between the mortgagor and the mortgagee, especially that the contested mortgage for $5,225, assuming the same to have been given originally for a valid consideration and effective as between the parties, was by understanding, if not by agreement, withheld from the record, so as not to affect the mortgagor’s credit, the conclusion of the court is that the action of the District Judge and the referee, expunging and disallowing the said claim from the list of those upon the trustee’s record, should be approved and affirmed. We are led to this view, moreover, by the fact that the case seems to be ruled by those of National Bank of Athens v. Shackelford, 36 S. Ct. 17, 239 U. S. 81, 60 L. Ed. 158 (in the Circuit Court of Appeals, 208 F. 677, 678, 125 C. C. A. 575); In re Lamie Chemical Co. (C. C. A.) 296 F. 24, 28; Millikin v. Second National Bank, 206 F. 14, 19, 124 C. C. A. 148 (both decisions of this court). Affirmed.