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DREXLER v. COMMERCIAL SAVINGS BANK

No. 6825.

5 F.2d 13 (1925)

DREXLER v. COMMERCIAL SAVINGS BANK.

Circuit Court of Appeals, Eighth Circuit.

March 27, 1925.

Attorney(s) appearing for the Case

J. G. Bradford, of Sioux Falls, S. D. (James A. Lyons, of Howard, S. D., and Davis, Lyon & Bradford, of Sioux Falls, S. D., on the brief), for appellant.

John Brown McCrary, of Carroll, Iowa (John E. Haltigan, of Carroll, Iowa, and Kirby, Kirby & Kirby, of Sioux Falls, S. D., on the brief), for appellee.

Before LEWIS, Circuit Judge, and VAN VALKENBURGH and FARIS, District Judges.

FARIS, District Judge.

This action was begun below by appellee, to foreclose a mortgage upon certain land situate in Miner county, S. D. Defendant Drexler, sole defendant below and appellant here, set up by his answer that he was an innocent, subsequent purchaser for value of the lands in dispute, without actual notice of the mortgage herein sought to be foreclosed, and that no constructive notice was comported by the recording of this mortgage; because such mortgage...

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