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McGILL v. COMMERCIAL UNION ASSUR. CO.

No. 2321.

5 F.2d 589 (1925)

McGILL et al. v. COMMERCIAL UNION ASSUR. CO., LIMITED, OF LONDON, ENGLAND.

Circuit Court of Appeals, Fourth Circuit.

April 14, 1925.

Attorney(s) appearing for the Case

Thomas C. Guthrie, of Charlotte, N. C. (Hood & Hood and Watkins & Prince, all of Anderson, S. C., and Charles W. Tillett, of Charlotte, N. C., on the brief), for appellants.

T. A. Hammond, of Atlanta, Ga. (Smith, Hammond & Smith, of Atlanta, Ga., and Haynsworth & Haynsworth, of Greenville, S. C., on the brief), for appellee.

Before WOODS, WADDILL, and ROSE, Circuit Judges.

WOODS, Circuit Judge.

The bill makes substantially these allegations:

The plaintiff McGill was the owner of a dwelling and outbuildings and furniture in the dwelling, and also grain and hay in the outbuildings, situated upon his farm near Anderson, S. C. At the time of the purchase of the land and buildings by McGill, the plaintiff McCully held a mortgage thereon to secure notes for about $24,000, and the conveyance to McGill was made subject to the incumbrance...

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