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EQUITABLE LIFE ASSUR. SOC. OF UNITED STATES v. VAUGHN

Nos. 6931, 6932.

82 F.2d 978 (1936)

EQUITABLE LIFE ASSUR. SOC. OF UNITED STATES v. VAUGHN. VAUGHN v. EQUITABLE LIFE ASSUR. SOC. OF UNITED STATES.

Circuit Court of Appeals, Sixth Circuit.

April 9, 1936.

Attorney(s) appearing for the Case

E. T. Seay and A. W. Stockell, both of Nashville, Tenn. (Walter Stokes and Seay, Stockell & Edwards, all of Nashville, Tenn., on the brief), for Equitable Life Assur. Soc. of United States.

A. H. Roberts, of Nashville, Tenn. (A. O. Denning, of Gallatin, Tenn., and Roberts & Roberts, of Nashville, Tenn., on the brief), for Vaughn.

Before MOORMAN, HICKS, and SIMONS, Circuit Judges.

SIMONS, Circuit Judge.

The appeals are from a decree in equity upon a bill seeking to set aside foreclosure of real estate on the ground of fraud or inequity in the conduct of the sale. The property having passed into the hands of an innocent purchaser, the bill contained an alternative prayer for damages. The appellant was the owner of the trust deed which was foreclosed under a power of sale contained therein, and the appellee is the debtor who with his wife executed...

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