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WIGGINGTON v. AUBURN WAGON CO.

No. 2793.

33 F.2d 496 (1929)

WIGGINGTON et al. v. AUBURN WAGON CO. et al.

Circuit Court of Appeals, Fourth Circuit.

July 1, 1929.

Attorney(s) appearing for the Case

Clarence E. Martin, of Martinsburg, W. Va. (J. O. Henson, Martin & Seibert and C. M. Seibert, all of Martinsburg, W. Va., on the brief), for appellants.

Harry H. Byrer and W. C. Kilmer, both of Martinsburg, W. Va. (Kilmer & Byrer, of Martinsburg, W. Va., on the brief), for appellees.

Before PARKER, Circuit Judge, and McDOWELL and MEEKINS, District Judges.

PARKER, Circuit Judge.

On November 15, 1923, the Auburn Wagon Company, of Martinsburg, W. Va., executed to W. C. Kilmer, trustee, a deed of trust conveying its real estate, machinery, and equipment to secure a bond issue of $75,000. This suit was instituted on September 8, 1925, by one L. R. Myers, the president of the company, who claimed to be the owner and holder of $22,500 of the bonds thereby secured, asking that the deed of trust be foreclosed, and that a receiver...

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