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IN RE NOSSMAN

No. 4470.

22 F.Supp. 645 (1938)

In re NOSSMAN et al.

District Court, D. Kansas, Second Division.

February 26, 1938.

Attorney(s) appearing for the Case

O. R. Stites, of Emporia, Kan., for petitioner.

William E. Keith, of Wichita, Kan., for debtor.

McElhenny & Gault, of Topeka, Kan., and William E. Lemke, of Washington, D. C., amici curiae.

HOPKINS, District Judge.

The issue presented here arises out of a bankruptcy proceeding under the Frazier-Lemke Act, Bankr.Act § 75, as amended, 11 U.S.C.A. § 203.

The John Hancock Mutual Life Insurance Company held a mortgage executed by Jessie Nossman, a farmer, which among other things, provided that default in payment of taxes by the mortgagor and default in interest would mature the mortgage. The debtor became delinquent in payment of taxes...

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