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FOURTH NATIONAL BANK v. ALBAUGH

No. 159.

188 U.S. 734 (1903)

FOURTH NATIONAL BANK v. ALBAUGH.

Supreme Court of United States.

Decided February 23, 1903.

Attorney(s) appearing for the Case

Mr. T.F. Garver for appellants. Mr. J.B. Larimer, Mr. Frank Hagerman and Mr. C.N. Sterry were on the brief.

Mr. Joseph R. Webster for appellees. Mr. J. Jay Buck was on the brief.

MR. JUSTICE HOLMES delivered the opinion of the court.

This is a bill in equity brought to require the defendant Albaugh to apply a certain fund to payment of debts due to the Fourth National Bank of St. Louis from one Cross, of whose estate the defendant Newman is administrator, and from the defendant Martindale. By cross bill and intervening petitions the other appellants set up similar claims. The fund is the proceeds of property of Cross sold by agreement. The...

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