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HOFFMAN v. WHEAT

No. 5568.

37 F.2d 93 (1930)

HOFFMAN v. WHEAT et al. In re ADAIR & SENTER, Inc.

Circuit Court of Appeals, Fifth Circuit.

January 13, 1930.

Attorney(s) appearing for the Case

Winfield P. Jones and Edgar Watkins, both of Atlanta, Ga., and H. C. Tillman, of Tampa, Fla. (John B. Sutton, of Tampa, Fla., on the brief), for appellant.

Daniel MacDougald and Haines H. Hargrett, both of Atlanta, Ga., and John C. Cooper, Jr., of Jacksonville, Fla. (Spalding, MacDougald & Sibley, of Atlanta, Ga., and Cooper, Knight, Adair, Cooper & Osborne, of Jacksonville, Fla., on the brief), for appellees.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

BRYAN, Circuit Judge.

This was a suit to foreclose a mortgage on a part of a city lot in Sarasota, Fla., on which there was also a lien for labor and materials furnished by a contractor in the erection of a building. The final decree of foreclosure allowed both liens, but adjudged the lien of the mortgage to be superior to that of the contractor. This appeal is taken by the trustee in bankruptcy of the contractor, on the ground that the lien for labor and materials...

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