Barringer

On October 25,1930, the Windsor Square Development, Inc., filed a voluntary petition in bankruptcy, and on October 28, 1930, was adjudicated a bankrupt. On June 6, 1931, appellee George E. Lilley, trustee in bankruptcy, filed a petition entitled, “Trustee’s petition to marshal liens and sell property free and clear of encumbrances.” In this petition he alleged that among the assets bei longing to the estate of the bankrupt and in the trustee’s possession were certain lots located in Windsor Square in Maricopa county, Ariz. He alleged that the appellant, Margaret B. Barringer, claimed to have a lien on this property by virtue of a “declaration of trust,” the parties to which were the said Margaret B. Barringer, the Phoenix Title & Trust Company, and Thomas J. Tunney, but that the alleged lien upon the property was void as against the trustee in bankruptcy and the creditors of the bankrupt because not re.corded as required by the statutes of the Státe of Arizona. He alleged that the appellant Phoenix, Title & Trust Company claimed to have an interest in the property and denied the validity of' such interest because of lack of “information sufficient to form a belief in regard…