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AUSTIN v. OSBORNE

No. 5784.

46 F.2d 956 (1931)

AUSTIN v. OSBORNE et al.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied March 11, 1931.

Attorney(s) appearing for the Case

Stanley Boykin and H. C. Ray, both of Fort Worth, Tex. (Boykin & Ray, of Fort Worth, Tex., on the brief), for appellant.

Jos. W. Bailey, Jr., of Dallas, Tex., and Wm. J. Berne, of Fort Worth, Tex. (Bailey, Nickels & Bailey, of Dallas, Tex., and Wm. J. Berne, of Fort Worth, Tex., on the brief), for appellees.

Before BRYAN and FOSTER, Circuit Judges, and DAWKINS, District Judge.

DAWKINS, District Judge.

Appellant brought this suit as receiver of the O. K. Cattle Company, to cancel certain mortgages resting upon its property, alleging that they were without consideration and amounted to "a fictitious increase of indebtedness" of said company in violation of the laws and Constitution of the state of Texas. Quite a number of such transactions were assailed in the bill, but only those affecting the liens of F. C. Osborne and Horace L. Hotchkiss...

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