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PEOPLES TRUST & SAVINGS BANK v. HUBBELL

No. 1799.

102 F.2d 754 (1939)

PEOPLES TRUST & SAVINGS BANK v. HUBBELL.

Circuit Court of Appeals, Tenth Circuit.

March 17, 1939.

Attorney(s) appearing for the Case

Floyd A. Sloan, of Topeka, Kan. (E. R. Sloan, of Topeka, Kan., Everson, Ryan & Hanaway, of Green Bay, Wis., and Sloan, Hamilton & Sloan, of Topeka, Kan., on the brief), for appellants.

W. S. Rice, of Smith Center, Kan., and James A. McClure, of Topeka, Kan. (Stone, McClure, Webb, Johnson & Oman, of Topeka, Kan., on the brief), for appellee.

Before PHILLIPS, BRATTON, and WILLIAMS, Circuit Judges.

PHILLIPS, Circuit Judge.

The Peoples Trust & Savings Bank, administrator with the will annexed of the estate of A. T. Piper, deceased, and Celia Nohr, the sole devisee under the will, brought this suit to set aside a deed dated August 25, 1931, purporting to convey 960 acres of land in Rooks and Phillips Counties, Kansas, from Piper to Eliza A. Hubbell.

The bill alleges that on or about August 25, 1931, Hubbell, "through the use of promises and threats...

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