SPEAKMAN v. BRYAN

No. 6716.

61 F.2d 430 (1932)

SPEAKMAN v. BRYAN.

Circuit Court of Appeals, Fifth Circuit.

November 3, 1932.


Attorney(s) appearing for the Case

Robert C. Alston, of Atlanta, Ga., and Saul S. Myers, of New York City, for appellant.

Samuel Nesbitt Evins, of Atlanta, Ga., W. E. Norvell, Jr., of Nashville, Tenn., and James H. Anderson, of Chattanooga, Tenn., for appellee.

Before BRYAN, HUTCHESON, and WALKER, Circuit Judges.


HUTCHESON, Circuit Judge.

On November 2, 1931, finding that the jurisdiction of the state court had first attached, and that as long as the cause was being prosecuted in good faith and in a substantial way no other court could interfere with the res, the subject-matter of that suit, that it was for that court and that court alone to determine the validity of the mortgage asserted in it, the disposition of the property to be made pending the suit and upon its termination...

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