Clements v. Snider

409 F.2d 549 Richard R. CLEMENTS, Trustee in Bankruptcy of the Bankrupt Estates of Stone Mountain Snider, dba Snider Family Markets, and Ruby E. Snider, Appellant, v. Austin T. SNIDER and Angeline M. Snider, dba Snider Family Markets, Appellees. No. 22092. United States Court of Appeals Ninth Circuit. March 28, 1969. Richard M. Moneymaker (argued), Los Angeles, Cal., for appellant. Harvey S. Krieger (argued), West Covina, Cal., for appellees. Before BARNES, HAMLEY and CARTER, Circuit Judges. BARNES, Circuit Judge: 1 This is an appeal from a summary judgment granted by the district court against appellant trustee in bankruptcy. The issue presented to this court is a narrow one; all parties agree that if the mortgage in question was properly acknowledged, summary judgment was correctly granted. 2 This court has power to review the holding of the district court under 28 U.S.C. § 1291 . 3 Appellees, Austin T. and Angeline M. Snider, sold a meat market and retail grocery business to bankrupts Ruby and Stone M. Snider, brother of Austin, for $41,600.00. The purchase price was evidenced by an installment note secured by a mortgage of chattels on all equipment and fixtures of the…