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PREBYL v. PRUDENTIAL INS. CO. OF AMERICA

No. 11117.

98 F.2d 199 (1938)

PREBYL v. PRUDENTIAL INS. CO. OF AMERICA.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied August 9, 1938.

Attorney(s) appearing for the Case

Milton Prebyl, in pro. per.

J. P. O'Gara, of Lincoln, Neb. (E.B. Perry, Robert Van Pelt, and Lloyd J. Marti, all of Lincoln, Neb., on the brief), for appellee.

Before GARDNER, SANBORN, and THOMAS, Circuit Judges.

GARDNER, Circuit Judge.

The question to be determined on this appeal, if it has not already been conclusively determined, is what is the effect of a discharge in bankruptcy of a mortgagor upon the lien of a real estate mortgage on land in Nebraska.

Appellant, as plaintiff below, brought this action at law for possession of four hundred acres of land situate in Gage County, Nebraska, and in his petition alleged that appellee was unlawfully withholding possession...

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