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NATIONAL SURETY CO. v. BROWN-GRAVES CO.

No. 4357.

7 F.2d 91 (1925)

NATIONAL SURETY CO. v. BROWN-GRAVES CO.

Circuit Court of Appeals, Sixth Circuit.

July 15, 1925.

Attorney(s) appearing for the Case

T. H. Hogsett, of Cleveland, Ohio (Tolles, Hogsett, Ginn & Morley, of Cleveland, Ohio, on the brief), for plaintiff in error.

Luther Day, of Cleveland, Ohio (Day & Day and Simmons, De Witt & Vilas, all of Cleveland, Ohio, on the brief), for defendant in error.

Before DONAHUE and MOORMAN, Circuit Judges, and TUTTLE, District Judge.

MOORMAN, Circuit Judge.

The Wade Chateau Company, lessee of a lot in Cleveland, for the purpose of obtaining money to construct a building upon the lot, issued $100,000 of bonds, and to secure them executed a first mortgage deed of trust upon the leasehold to the Guardian Savings & Trust Company, of Cleveland, Ohio, as trustee for the bondholders. In the deed of trust there was a building clause which provided that the Chateau Company would construct on the premises...

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