SCOTT v. BREWSTER-GREENE

No. 5402.

26 F.2d 393 (1928)

SCOTT v. BREWSTER-GREENE et ux.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied July 2, 1928.


Attorney(s) appearing for the Case

Thos. A. Flynn and Thos. W. Nealon, both of Phoenix, Ariz., and Thorwald Larson, of Holbrook, Ariz., for appellant.

W. E. Ferguson, of Holbrook, Ariz., and Perry Evans, of San Francisco, Cal., for appellees.

Before RUDKIN, DIETRICH, and HUNT, Circuit Judges.


RUDKIN, Circuit Judge.

This is an appeal from a decree in equity dismissing a bill for the foreclosure of a mortgage. The mortgage was given to secure the payment of a promissory note in the sum of $16,000, payable two years after date. The note and mortgage were both dated March 24, 1927, but neither instrument was delivered until August 1, 1927. The mortgage contained the usual acceleration clause, providing that, if the interest on the promissory note or the principal...

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