BINGEN v. FIRST TRUST CO. OF ST. PAUL

No. 11260.

103 F.2d 260 (1939)

BINGEN et ux. v. FIRST TRUST CO. OF ST. PAUL et al.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied May 9, 1939.


Attorney(s) appearing for the Case

Charles S. Kidder, of St. Paul, Minn. (Orr, Stark & Kidder, of St. Paul, Minn., on the brief), for appellants.

Harvey O. Sargeant, of St. Paul, Minn., for appellees.

Before STONE, WOODROUGH, and THOMAS, Circuit Judges.


THOMAS, Circuit Judge.

This is a suit in equity. The appellants, plaintiffs below, are citizens and residents of Norway. The appellees, defendants below, are executors in the state of Minnesota of the estate of Christian A. Westerbaum, deceased. The plaintiffs seek to be adjudged the owners of certain mortgage securities in the possession of the defendants. The claim arises by virtue of a purported declaration of trust executed by Christian A. Westerbaum prior to...

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