STOWERS v. WHEAT

No. 7649.

78 F.2d 25 (1935)

STOWERS v. WHEAT et al. FRED T. LEY & CO., Inc., v. SAME. WHEAT v. COMEAU et al.

Circuit Court of Appeals, Fifth Circuit.

May 31, 1935.


Attorney(s) appearing for the Case

J. Field Wardlaw, of West Palm Beach, Fla., for appellant.

Dan MacDougald, of Atlanta, Ga., E. T. McIlvaine, of Jacksonville, Fla., and Frank D. Upchurch, of St. Augustine, Fla., for appellees.

Henry P. Adair, of Jacksonville, Fla., for appellee and cross-appellant Wheat and others.

Joseph F. McPherson, of Miami, Fla., for appellee and cross-appellant Fred T. Ley & Co., Inc.

C. D. Blackwell, of West Palm Beach, Fla., for appellees A. J. Comeau and A. J. Comeau, Inc.

Before BRYAN, FOSTER, and HUTCHESON, Circuit Judges.


HUTCHESON, Circuit Judge.

When this case was here before,1 only Ley, the contractor, was appealing from the decree awarding the trustee foreclosure with priority. Miss Stowers, though her interests were subjected to the foreclosure, did not appeal. Miss Stowers is the appellant on this appeal, and both trustee and contractor have filed cross-appeals. On this trial the questions raised on the former appeal, whether there was jurisdiction...

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