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McVAY v. SWIFT

No. 8971.

102 F.2d 771 (1939)

McVAY v. SWIFT et al.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied April 18, 1939.

Attorney(s) appearing for the Case

Lemuel H. Doty and Albert Sidney Johnston, Jr., both of Biloxi, Miss., and John W. Lewis, of Opelousas, La., for appellant.

E. B. Dubuisson, of Opelousas, La., for appellees.

Before HUTCHESON, HOLMES, and McCORD, Circuit Judges.

McCORD, Circuit Judge.

In 1920 Charles H. Swift sold the lands here in controversy to Hamp A. Morrison. Part of the purchase price was paid in cash and Morrison executed his three notes secured by vendor's lien and mortgage for the balance. On November 27, 1920, Morrison sold the property to C. T. Whitman Lumber Company subject to Swift's vendor's lien.

The Lumber Company defaulted in the payment of taxes for the year 1924. The property was sold to the State...

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