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FIRST NAT. BANK v. ELLIOTT

No. 4666.

19 F.2d 426 (1927)

FIRST NAT. BANK OF PIKEVILLE, KY., v. ELLIOTT.

Circuit Court of Appeals, Sixth Circuit.

May 13, 1927.

Attorney(s) appearing for the Case

S. S. Willis, of Ashland, Ky. (J. R. Johnson, Jr., of Pikeville, Ky., on the brief), for petitioner.

Stanley Reed, of Ashland, Ky. (Le Wright Browning, of Ashland, Ky., and Stratton & Stephenson, of Pikeville, Ky., on the brief), for respondent.

Before DENISON and MOORMAN, Circuit Judges, and KILLITS, District Judge.

KILLITS, District Judge.

There is under consideration the petition of the First National Bank of Pikeville, Ky., to revise an order of the District Court, in the matter of petitioner's asserted claims against the trustee in bankruptcy of Nancy Jane Varney and Pricy A. Varney. Two questions arise, depending upon different states of fact. Respecting the first the essential facts are as follows:

One Rutherford, owning an undivided interest in a tract of land...

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