SOPER, District Judge.
Eli G. Neiswender is the holder of a promissory note for $950, dated January 21, 1924, payable two years after date to the Bowling Construction Corporation. It recites that it is secured by mortgage of even date. It was indorsed by the payee and delivered to Neiswender on or about April 10, 1924, in part payment of certain indebtedness, in accordance with an oral agreement that the note and the mortgage by which it was secured should be assigned...
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