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MASSACHUSETTS MUT. LIFE INS. CO. v. JECKELL

No. 8756.

124 F.2d 339 (1941)

MASSACHUSETTS MUT. LIFE INS. CO. v. JECKELL et al.

Circuit Court of Appeals, Sixth Circuit.

December 12, 1941.

Attorney(s) appearing for the Case

C. J. Hoyt, of Youngstown, Ohio (Hammond, Hoyt & Rand, of Youngstown, Ohio, on the brief), for appellant.

Frank H. Fisher, of Youngstown, Ohio (Doyle & Fisher, of Youngstown, Ohio, on the brief), for appellee.

Before HICKS, SIMONS, and McALLISTER, Circuit Judges.

McALLISTER, Circuit Judge.

In proceedings brought by the Massachusetts Mutual Life Insurance Company to foreclose a mortgage, Elizabeth M. Backus, a defendant, was awarded a decree on her claim for an equitable lien; and the insurance company appeals.

The controversy arises from the following circumstances: In 1919, Guttridge and Rand were owners of a parcel of real estate in Youngstown, Ohio, which they leased to Ephraim M. Braden. By the terms of the agreement...

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