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BONNER v. SUITER

No. 2027.

112 F.2d 912 (1940)

BONNER et al. v. SUITER et al.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied July 13, 1940.

Attorney(s) appearing for the Case

H. A. Ledbetter, of Ardmore, Okl., for appellants.

Malcolm E. Rosser and J. F. Brett, both of Muskogee, Okl. (William A. Medill, of Kansas City, Mo., and George W. Leopold and Malcolm E. Rosser, Jr., both of Muskogee, Okl., on the brief), for appellees.

Before PHILLIPS, BRATTON, and HUXMAN, Circuit Judges.

PHILLIPS, Circuit Judge.

The Waddell Investment Company1 held first mortgages on certain tracts of land embraced in the estate of J. S. Mullen, bankrupt. W. M. Bonner held a second mortgage on these tracts of land. The bankruptcy court ordered the lands sold free of liens. The order of sale provided that the purchaser might assume the amounts due on the Waddell mortgages in lieu of paying such amounts in cash. It further provided that...

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