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LEHMAN v. HEBERLE

No. 1035.

9 F.Supp. 100 (1934)

LEHMAN v. HEBERLE et ux.

District Court, W. D. New York.

December 17, 1934.

Attorney(s) appearing for the Case

Alfred J. D'Amanda, of Rochester, N. Y., for complainant.

Harris, Beach, Folger, Bacon & Keating, of Rochester, N. Y., for receiver.

Peter G. Smith and J. A. Smith, both of Webster, N. Y., for David W. Scribner, as sole surviving executor.

KNIGHT, District Judge.

When the receivership herein began, one David W. Scribner, as executor of the will of John C. Scribner, deceased, held a mortgage upon certain real estate owned by the defendants herein. Such executor filed a claim in the receivership for $11,575, with interest from June 1, 1931, the full amount of the mortgage debt, asserting therein his right to the mortgage security. The order appointing the receiver in this action contained a provision...

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