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McGAHAN v. BANK OF RONDOUT

No. 104.

156 U.S. 218 (1895)

McGAHAN v. BANK OF RONDOUT.

Supreme Court of United States.

Decided February 4, 1895.

Attorney(s) appearing for the Case

Mr. J.N. Nathans (with whom was Mr. Samuel Lord on the brief) for appellants.

Mr. Theodore G. Barker for appellee.

MR. CHIEF JUSTICE FULLER, after stating the case, delivered the opinion of the court.

It is argued that the Circuit Court should have held that the withholding of the mortgage from record invalidated it as against the creditors of the firm, but no such defence to the mortgage was set up in the answer, and there having been no issue thereon below, it cannot be made in the first instance...

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