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FIRST SAVINGS BANK & TRUST CO. v. STUPPI

No. 6579.

2 F.2d 822 (1924)

FIRST SAVINGS BANK & TRUST CO. OF ALBUQUERQUE, N. M., v. STUPPI. In re GARCIA.

Circuit Court of Appeals, Eighth Circuit.

November 5, 1924.

Attorney(s) appearing for the Case

A. B. McMillen, of Albuquerque, N. M., for appellant.

Herman Mohr, of Albuquerque, N. M., and J. O. Seth, of Santa Fé, N. M., for appellee.

Before STONE, Circuit Judge, and MUNGER and MILLER, District Judges.

STONE, Circuit Judge.

This is an appeal from a decree in the bankruptcy matter of Jose Garcia y Ortega. It is the second appearance of this litigation in this court. The bankrupt had executed a mortgage, securing the payment of a note to appellant. A balance being overdue thereon, appellant began foreclosure in the state court. In pursuance of a clause in the mortgage, it applied to that court for the appointment of a receiver to take charge of the property pending...

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