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JACKSON v. KYSER

No. 4828.

18 F.2d 252 (1927)

JACKSON, Superintendent of Banks of Alabama, v. KYSER. In re WILSON.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied April 15, 1927.

Attorney(s) appearing for the Case

Leon Weil and B. P. Crum, both of Montgomery, Ala., for appellant.

J. K. Dixon, of Talladega, Ala. (Knox, Dixon, Sims & Bingham, of Talladega, Ala., on the brief), for appellee.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

WALKER, Circuit Judge.

This is an appeal from an order dismissing a petition filed by the appellant as superintendent of banks of the state of Alabama against the trustee of the estate of J. H. Wilson, a bankrupt. That petition asserted the claim that proceeds of the sale, under the court's order, of land of the bankrupt in excess of the amount thereof required to satisfy a first mortgage on that land, were subject to be applied in accordance with the terms of a mortgage...

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