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IN RE WHICKER

No. 5838.

47 F.2d 106 (1931)

In re WHICKER. LUBBOCK NAT. BANK OF LUBBOCK, TEX., v. ELKINS et al.

Circuit Court of Appeals, Fifth Circuit.

February 26, 1931.

Attorney(s) appearing for the Case

Robert A. Sowder, of Lubbock, Tex. (J. E. Vickers and W. W. Campbell, both of Lubbock, Tex., on the brief), for appellant.

J. I. Kilpatrick, of Lubbock, Tex., for appellees.

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

FOSTER, Circuit Judge.

In this case there is no dispute as to the material facts. It appears that on September 16, 1926, James Campbell Whicker executed a note for $1,700 to appellant and gave as security a deed of trust covering certain designated real estate. The note was renewed on March 20, 1928, and a new deed of trust was executed covering practically the same property, with the exception that there was a change as to two certain lots. After the second deed...

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