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MERCANTILE-COMMERCE BANK & TRUST CO. v. HOWE

No. 11690.

113 F.2d 893 (1940)

MERCANTILE-COMMERCE BANK & TRUST CO. v. HOWE.

Circuit Court of Appeals, Eighth Circuit.

August 26, 1940.

Attorney(s) appearing for the Case

R. B. McCulloch, of Forrest City, Ark., for appellant.

J. G. Burke and G. D. Walker, both of Helena, Ark. (John I. Moore, Jr., of Helena, Ark., on the brief), for appellee.

Before WOODROUGH and THOMAS, Circuit Judges, and BELL, District Judge.

BELL, District Judge.

This is an action brought by appellant as plaintiff against W. H. Howe, individually, and as trustee of the Presbyterian Church of Helena, Arkansas, the appellee, as defendant, to foreclose a mortgage, a deed of trust in form, on the property of the church and to obtain a deficiency judgment against Howe personally. On the death of Howe, subsequent to the trial of the case, Eva M. Howe, administratrix of the estate of W. H. Howe, deceased, was...

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