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EQUITABLE LIFE ASSUR. SOC. v. THOMAS

No. 9774.

69 F.2d 361 (1934)

EQUITABLE LIFE ASSUR. SOC. OF UNITED STATES v. THOMAS et al.

Circuit Court of Appeals, Eighth Circuit.

February 19, 1934.

Attorney(s) appearing for the Case

John M. Schaupp, of Fort Dodge, Iowa (W. E. Mitchell, William E. Mitchell, D. L. Ross, Edwin D. Mitchell, Folsom Everest, and Karl F. Geiser, all of Council Bluffs, Iowa, on the brief), for appellant.

Allan Loth, of Fort Dodge, Iowa (Thomas & Loth, of Fort Dodge, Iowa, and A. C. McGill, of Des Moines, Iowa, on the brief), for appellees.

Before GARDNER, WOODROUGH, and BOOTH, Circuit Judges.

WOODROUGH, Circuit Judge.

It appears in this case that the Equitable Life Assurance Society of the United States (referred to as the society) was the owner of an $8,000 mortgage, duly recorded, upon certain lands in Webster county, Iowa. The plaintiff, Thomas, bought the lands and assumed to pay the mortgage. He borrowed the money for the purpose from the Equitable Life Insurance Company of Iowa, and directed that company, as his agent, to make the payment. The Iowa...

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