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JULIAN v. STEWART

No. 6387.

56 F.2d 32 (1932)

JULIAN v. STEWART et al.

Circuit Court of Appeals, Fifth Circuit.

February 12, 1932.

Attorney(s) appearing for the Case

M. C. Stewart, of Birmingham, Ala., and W. L. Bryan, of Atlanta, Ga., for appellant.

Douglass Taylor and John J. Sparkman, both of Huntsville, Ala., for appellees.

Before BRYAN, SIBLEY, and HUTCHESON, Circuit Judges.

HUTCHESON, Circuit Judge.

This is an appeal from a decree in a suit brought by the receiver of a hopelessly insolvent life insurance company to foreclose a mortgage given by appellees in payment of 1,000 shares of the stock, denying foreclosure, and on cross-claim cancelling the mortgage for fraud in the procurement of the stock subscription. The agreed statement of facts on which the case was submitted showed that on June...

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