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LYBRAND v. ALLEN

No. 2656.

23 F.2d 391 (1928)

LYBRAND et al. v. ALLEN.

Circuit Court of Appeals, Fourth Circuit.

January 10, 1928.

Attorney(s) appearing for the Case

William M. Smoak, of Aiken, S. C., for appellants.

D. W. Robinson, of Columbia, S. C. (Herbert E. Gyles, of Aiken, S. C., on the brief), for appellee.

Before WADDILL, PARKER, and NORTHCOTT, Circuit Judges.

PARKER, Circuit Judge.

This suit was instituted by the trustee in bankruptcy of J. C. Lybrand to enjoin the prosecution in a court of the state of South Carolina of a suit brought to foreclose a mortgage on a tract of land title to which was held by the bankrupt at the time of his adjudication. After it was instituted, the trustee filed a petition in the bankruptcy proceeding, asking that he be allowed to sell the land in controversy free of liens, and the proceeding...

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