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FIRST NAT. BANK OF BOSTON v. PROCTOR

No. 2420.

40 F.2d 841 (1930)

FIRST NAT. BANK OF BOSTON v. PROCTOR.

Circuit Court of Appeals, First Circuit.

May 17, 1930.

Attorney(s) appearing for the Case

George S. Fuller, of Boston, Mass. (Norman Bingham, Jr., and Blodgett, Jones, Burnham & Bingham, all of Boston, Mass., on the brief), for appellant.

William G. Thompson, of Boston, Mass. (George E. Mears, of Boston, Mass., on the brief), for appellee.

Before BINGHAM, ANDERSON, and WILSON, Circuit Judges.

WILSON, Circuit Judge.

In 1921, the New England Oil Refining Company by its mortgage deed of trust conveyed to the First National Bank of Boston, as trustee, certain real estate situated in the cities of Fall River and New Bedford, to secure an issue of bonds to the amount of $5,000,000.

Under the mortgage deed the refining company agreed punctually to pay all taxes and other assessments on the mortgaged property. In 1923 there was assessed as of April 1st...

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