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SIMMONS v. STERN

No. 6984.

9 F.2d 256 (1925)

SIMMONS et al. v. STERN.

Circuit Court of Appeals, Eighth Circuit.

November 13, 1925.

Attorney(s) appearing for the Case

F. A. Catron, of Santa Fé, N. M. (C. C. Catron, of Santa Fé, N. M., on the brief), for appellants.

Francis C. Wilson, of Santa Fé, N. M., for appellee.

Before LEWIS and KENYON, Circuit Judges, and MUNGER, District Judge.

MUNGER, District Judge.

This appeal is taken from a decree of foreclosure of a mortgage upon land in New Mexico. The plaintiff filed a bill alleging the execution and delivery to the plaintiff of a mortgage by the defendants Seth K. Simmons and Em May Weaver Simmons upon the land in question, to secure the payment of a promissory note for the sum of $5,000. The note was dated at Santa Fé, N. M., and promised to pay to the order of the plaintiff

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