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PAYNTER v. SLATOR

No. 4564.

8 F.2d 1021 (1925)

Hollie D. PAYNTER, Trustee of Estate of Levi Creighton Smith, Bankrupt, Appellant, v. M. D. SLATOR et al., Appellees.

Circuit Court of Appeals, Fifth Circuit.

November 19, 1925.

Attorney(s) appearing for the Case

Asher R. Smith, of Laredo, Tex., and Henry A. Bundschu, of Kansas City, Mo., for appellant.

C. A. Wilcox and Ike D. White, both of Austin, Tex., F. Stevens and H. P. Drought, both of San Antonio, Tex., and Irelan Graves, of Austin, Tex. (White, Wilcox, Graves & Taylor, of Austin, Tex., on the brief), for appellees.

Before WALKER and BRYAN, Circuit Judges.

BRYAN, Circuit Judge.

On November 20, 1923, one L. C. Smith was adjudged a bankrupt by a District Court in Missouri. He owned a half interest in a tract of land in Texas, upon which there was a deed of trust to secure the principal sum of $35,000. On December 4, 1923, the land was sold under the power given by the deed of trust. The purchaser at that sale had no notice of the bankruptcy proceedings. Appellant, at first receiver and then trustee in bankruptcy, learned...

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