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RUSSELL v. MILLER

No. 4537.

13 F.2d 852 (1926)

RUSSELL v. MILLER. In re MILLER.

Circuit Court of Appeals, Sixth Circuit.

July 10, 1926.

Attorney(s) appearing for the Case

Lee J. Myers, of Akron, Ohio, for appellant.

Oliver G. Bailey, of Cincinnati, Ohio (Herberich, Burroughs & Bailey, of Akron, Ohio, on the brief), for appellee.

Before DENISON, DONAHUE, and MOORMAN, Circuit Judges.

PER CURIAM.

This is an appeal by the trustee from an order awarding reclamation to a mortgagee. By virtue of the bankruptcy, the claim of the trustee to the property in suit must be given the effect of a claim of a creditor holding at the date of the petition an execution or attachment lien. I. N. Miller claims the property under a mortgage which had not been refiled at the end of three years, as required by the Ohio statute (General Code, § 8565). Under the...

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