FARMERS' STATE BANK v. BENSTON

No. 8092.

29 F.2d 902 (1928)

FARMERS' STATE BANK OF POLK, NEB., v. BENSTON.

Circuit Court of Appeals, Eighth Circuit.

December 17, 1928.


Attorney(s) appearing for the Case

John Tongue, of Stromsburg, Neb., for appellant.

Raymond L. Sauter, of Sterling, Colo., for appellee.

Before BOOTH and COTTERAL, Circuit Judges, and REEVES, District Judge.


COTTERAL, Circuit Judge.

The Farmers' State Bank appeals from an order of the District Court, which affirmed a referee in a decision that the bank was not entitled to a one-third interest in a farm crop and that it be retained by the trustee in bankruptcy.

The crop was grown by L. C. Hoover on a farm in Phillips county, Colo., pursuant to a lease he had from the bank. By an exchange of letters in May, 1926, these parties agreed as terms of the lease that Hoover...

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