WHITNEY TRUST & SAVINGS BANK v. BRELSFORD

No. 6635.

63 F.2d 880 (1933)

WHITNEY TRUST & SAVINGS BANK et al. v. BRELSFORD et al.

Circuit Court of Appeals, Fifth Circuit.

March 14, 1933.


Attorney(s) appearing for the Case

Egbert Beall and Jos. D. Farish, both of West Palm Beach, Fla., for appellants.

A. L. Rankin, S. C. Kearley, and H. C. Fisher, all of West Palm Beach, Fla., for appellees.

Before BRYAN, FOSTER, and SIBLEY, Circuit Judges.


SIBLEY, Circuit Judge.

As trustees in a mortgage appellants brought a bill in equity in the District Court of the United States to foreclose it and to subordinate a recorded tax lien of the United States by authority of 26 USCA § 136. There is not diversity of citizenship between mortgagor and mortgagees. The United States answered that their tax lien had been paid off by the mortgagor; a certificate of release having...

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