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WOOD v. FRANKLIN LIFE INS. CO.

No. 4867.

17 F.2d 80 (1927)

WOOD et al. v. FRANKLIN LIFE INS. CO.

Circuit Court of Appeals, Fifth Circuit.

February 3, 1927.

Attorney(s) appearing for the Case

W. M. Sleeper, of Waco, Tex. (S. D. Snodgrass, of Temple, Tex., and E. Y. Boynton and Sleeper, Boynton & Kendall, all of Waco, Tex., on the brief), for plaintiffs in error.

Eugene P. Locke, of Dallas, Tex. (Locke, Locke, Stroud & Randolph, of Dallas, Tex., on the brief), for defendant in error.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

BRYAN, Circuit Judge.

The Franklin Life Insurance Company brought suit and recovered judgment for the possession of a tract of land. It traced its title through a deed from defendants, Ellington F. Wood and Mary Ethel Wood, his wife, and the foreclosure of a mortgage executed by their grantee, Willie B. Wood. Defendants were made parties in the foreclosure suit, on the theory that they claimed an interest inferior to the lien of the mortgage, but were dismissed out...

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