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KANSAS EDUCATIONAL ASS'N, ETC. v. McMAHAN

No. 1149.

76 F.2d 957 (1935)

KANSAS EDUCATIONAL ASS'N OF THE METHODIST EPISCOPAL CHURCH FOR THE STATE OF KANSAS v. McMAHAN et al.

Circuit Court of Appeals, Tenth Circuit.

April 10, 1935.

Attorney(s) appearing for the Case

Leslie J. Lyons, of Kansas City, Mo., and W. C. Austin, of Altus, Okl. (Donald E. Lyons, of Kansas City, Mo., on the brief), for appellant.

T. M. Robinson and Stansell Whiteside, both of Altus, Okl. (Robinson & Oden, of Altus, Okl., on the brief) for appellees.

Before PHILLIPS, McDERMOTT, and BRATTON, Circuit Judges.

McDERMOTT, Circuit Judge.

Suit to foreclose a mortgage on real estate given to secure two negotiable notes dated January 12, 1921, one for $500 due February 1, 1923, one for $5,000 due February 1, 1928. Both notes contain clauses granting the maker the privilege to pay $100 or multiple thereof, or the whole amount, on any interest-paying date after February 1, 1922, by giving sixty days' notice. Both notes and mortgage ran to the Pittsburg Mortgage Investment Company...

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