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CLAYTON v. FORT WORTH STATE BANK

No. 4286.

4 F.2d 763 (1925)

CLAYTON et al. v. FORT WORTH STATE BANK OF FORT WORTH, TEX., et al.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied April 13, 1925.

Attorney(s) appearing for the Case

S. C. Rowe and Dayton Moses, both of Fort Worth, Tex., for appellants.

P. G. Dedmon, Morgan Bryan, and B. L. Agerton, all of Fort Worth, Tex. (Cooke, Dedmon & Potter, Clay Cooke, P. G. Dedmon, F. B. Potter, and W. B. Pinney, all of Fort Worth, Tex., on the brief for appellee J. L. Chapman, and Bryan, Stone, Wade & Agerton, B. L. Agerton, and J. B. Wade, all of Fort Worth, Tex., on the brief for appellee Fort Worth State Bank), for appellees.

Before WALKER and BRYAN, Circuit Judges, and DAWKINS, District Judge.

WALKER, Circuit Judge.

In May, 1920, the appellants, Clayton, Elwood & Arnett, mortgaged to the North Texas Trust Company a described lot of steers and also described cows and calves to secure an indebtedness of $68,250. Thereafter appellants sold the mortgaged steers to Frank Corn, and Corn executed two mortgages of the steers to secure debts owing by him. In December, 1921, the appellants, pursuant to a demand of said trust company, paid the balance then owing...

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