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SALINGER v. LINCOLN NAT. LIFE INS. CO.

No. 8885.

52 F.2d 1080 (1931)

SALINGER et al. v. LINCOLN NAT. LIFE INS. CO.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied November 30, 1931.

Attorney(s) appearing for the Case

B. I. Salinger, of Carroll, Iowa (George A. Bangs, of Grand Forks, N. D., on the brief), for appellants.

Herbert G. Nilles, of Fargo, N. D. (John S. Frame and Daniel B. Holt, both of Fargo, N. D., and R. F. Baird, of Fort Wayne, Ind., on the brief), for appellee.

Before KENYON and VAN VALKENBURGH, Circuit Judges, and DAVIS, District Judge.

DAVIS, District Judge.

This is an appeal from a decree foreclosing a mortgage entered in the district court of North Dakota.

The mortgage declared upon was executed on July 28, 1927, by Lucy M. Salinger, B. I. Salinger, her husband, and Ward Ferguson. The land covered by the mortgage was located in Dickey county, N. D. It was given to secure a note for $5,500, payable five years after date, with interest at the rate of 5½ per cent., payable annually....

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