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MEDICAL ARTS BLDG. CO. v. SOUTHERN FINANCE & DEVELOPMENT CO.

No. 5454.

29 F.2d 969 (1929)

MEDICAL ARTS BLDG. CO. v. SOUTHERN FINANCE & DEVELOPMENT CO. et al.

Circuit Court of Appeals, Fifth Circuit.

January 7, 1929.

Attorney(s) appearing for the Case

W. J. Rogers and R. F. Spencer, both of San Antonio, Tex. (R. F. Spencer, W. J. Rogers, and Spencer, Rogers & Lewis, all of San Antonio, Tex., on the brief), for appellant.

Sylvan Lang, Claude V. Birkhead, W. B. Teagarden, W. B. Jack Ball, and Robert J. McMillan, all of San Antonio, Tex. (W. B. Teagarden, Bruce W. Teagarden, Birkhead, Lang & Beckmann, Dick O. Terrell, Robt. J. McMillan, Terrell, Davis, Huff & McMillan, and W. B. Jack Ball, all of San Antonio, Tex., on the briefs), for appellees.

Before WALKER and FOSTER, Circuit Judges, and BORAH, District Judge.

BORAH, District Judge.

Appellant, the Medical Arts Building Company (hereinafter called the Building Company), was chartered and created under the laws of the state of Texas in June, 1923, for the purpose of erecting and maintaining an office building in San Antonio, Tex. To provide funds with which to erect and construct this building, it caused to be made, executed, and delivered to Melvin L. Straus, trustee, a deed of trust or mortgage securing $950,000 of 6 per...

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