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STEDHAM v. SWIFT & CO.

No. 7574.

79 F.2d 648 (1935)

STEDHAM v. SWIFT & CO. SWIFT & CO. v. STEDHAM.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied December 6, 1935.

Attorney(s) appearing for the Case

W. L. Bryan, of Atlanta, Ga., for Stedham.

A. S. Clay, III, of Atlanta, Ga., for Swift & Co.

Before FOSTER, SIBLEY, and HUTCHESON, Circuit Judges.

SIBLEY, Circuit Judge.

W. L. Stedham was selling fertilizers bought from Swift & Co., and in May, 1930, gave notes for the aggregate principal sum of $15,843.47 in settlement of that season's business, and in June, 1931, other notes for the 1931 season. In February, 1932, all the notes were secured by a deed to certain real estate and machinery. In January, 1933, Swift & Co. filed their bill in equity in the District Court to foreclose the deed as a mortgage...

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