PEOPLE'S HOMESTEAD ASS'N v. BARTLETTE

No. 5377.

33 F.2d 561 (1929)

PEOPLE'S HOMESTEAD ASS'N v. BARTLETTE.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied August 19, 1929.


Attorney(s) appearing for the Case

Henry G. McCall and Delvaille H. Theard, both of New Orleans, La., for appellant.

Claude L. Johnson, of New Orleans, La., for appellee.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.


BRYAN, Circuit Judge.

This is an appeal from a decree in bankruptcy, which rejected claims of the appellant homestead association for allowance by preference over unsecured claims of interest and an attorney's fee according to the terms of a mortgage which it held against the bankrupt.

The mortgage contained the usual provision requiring the payment of interest as a part of the secured debt, and bound the mortgagor, "in case it should become necessary to institute...

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