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DYAR v. STEWART

No. 9981.

123 F.2d 278 (1941)

DYAR v. STEWART et al. In re LIVINGSTON'S ESTATE.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied December 16, 1941.

Attorney(s) appearing for the Case

W. L. Chenault, of Russellville, Ala., Robert L. Almon, of Moulton, Ala., and Jere Murphy, of Huntsville, Ala., for appellant.

Philip Shanks, Jr., and Ben L. Britnell, both of Decatur, Ala., for appellees.

Before HUTCHESON and McCORD, Circuit Judges, and MIZE, District Judge.

McCORD, Circuit Judge.

This appeal is from an order of the District Court entered on May 2, 1941, vacating and setting aside a sale of real estate made on September 6, 1932, by a trustee in bankruptcy.

We have reviewed the record and found the important facts to be these: On November 28, 1927, W. F. Livingston was adjudicated a voluntary bankrupt. J. Marvin Kelley was appointed and duly qualified as trustee of the bankrupt estate, and on January 14, 1928,...

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