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SPEERS SAND & CLAY WORKS v. AMERICAN TRUST CO.

No. 3171.

52 F.2d 831 (1931)

SPEERS SAND & CLAY WORKS, Inc., v. AMERICAN TRUST CO.

Circuit Court of Appeals, Fourth Circuit.

October 12, 1931.

Attorney(s) appearing for the Case

Mary W. F. Speers, of Gainesville, Ga., for appellant.

John B. Deming and Keech, Deming & Carman, all of Baltimore, Md., for appellee.

Marshall, McLean and McLean & Ferris, all of New York City, for George D. Pratt.

Before PARKER, Circuit Judge, and WEBB and CHESNUT, District Judges.

PARKER, Circuit Judge.

This is an appeal from a decree of the court below confirming a foreclosure sale, and is the fourth appeal by which the case has been brought before this court. On the first appeal, 20 F.2d 333, we held that the trustee under the deed of trust had properly exercised its discretion in applying for foreclosure, but that a decree was premature which ordered a sale in advance of the ascertainment of the indebtedness...

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