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ROBERTSON v. GOREE

No. 5319.

29 F.2d 261 (1928)

ROBERTSON v. GOREE. In re WALKER.

Circuit Court of Appeals, Fifth Circuit.

November 23, 1928.

Attorney(s) appearing for the Case

Leroy A. Smith, of Fort Worth, Tex. (Smith & Rowland, of Fort Worth, Tex., on the brief), for appellant.

Stanley Boykin and H. C. Ray, both of Fort Worth, Tex. (S. C. Rowe, B. G. Smith, and Cantey, Hanger & McMahon, all of Fort Worth, Tex., on the brief), for appellee.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

BRYAN, Circuit Judge.

Appellant had a valid mortgage lien, which was superior to all other except tax liens, upon real property which was being administered in the bankruptcy court. By agreement the property was sold by the trustee free of all liens, which were transferred to the proceeds of the sale. The trustee, being in possession of the property, paid the taxes for 1925 and 1926, and in the contract of sale agreed to pay the taxes for 1927. The aggregate amount...

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