Court of Appeals for the Fifth Circuit November 1, 1910, No. 2,080 (Bean v. Ore)

PARDEE, Circuit Judge

(after stating the facts as above). It must be conceded, and the referee practically found!, that the agreement in writing between the appellant, Bean, and the Tysor-Cheatham Mercantile Company constituted, under the laws of Georgia, a valid mortgage between the parties and against all creditors except such as may have acquired a lien prior to its proper record — all, unless