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FOERSTEL v. HOUSTON

No. 7499.

101 F.2d 742 (1939)

FOERSTEL et al. v. HOUSTON et al.

Circuit Court of Appeals, Sixth Circuit.

January 10, 1939.

Attorney(s) appearing for the Case

Richard D. Shewmaker, of St. Louis, Mo. (Thompson, Mitchell, Thompson & Young, Fred Armstrong, Jr., and Richard D. Shewmaker, all of St. Louis, Mo., on the brief), for appellants.

J. S. Allen, of Memphis, Tenn. (J. S. Allen and Armstrong, McCadden, Allen, Braden & Goodman, all of Memphis, Tenn., on the brief), for appellees.

Before HICKS, SIMONS, and ALLEN, Circuit Judges.

HICKS, Circuit Judge.

Suit to foreclose a deed of trust securing an indebtedness evidenced by notes executed by William Wilson. Plaintiff-appellants are the present trustee (successor to Federal Commerce Trust Company) and Joseph A. Foerstel the holder of $5,000 of the notes. Appellees include George T. Houston personally and as trustee, Horace K. Houston and Phillip D. Houston.

The trust property was sold under a foreclosure decree for $45,000, leaving a...

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