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DUNCAN v. JOHNSON

No. 4855.

123 F.2d 392 (1941)

DUNCAN v. JOHNSON et al. LOHM v. DUNCAN et al.

Circuit Court of Appeals, Fourth Circuit.

November 10, 1941.

Attorney(s) appearing for the Case

Harry E. DePass, Jr., of Spartanburg, S. C. (H. E. DePass, Sr., of Spartanburg, S. C., on the brief), for appellant.

Rufus M. Ward, of Spartanburg, S. C. (Donald Russell, of Spartanburg, S. C., on the brief), for appellee.

Before SOPER and DOBIE, Circuit Judges, and CHESNUT, District Judge.

SOPER, Circuit Judge.

By the decree of the District Court in this case, it was adjudicated that Myrtle Berry Duncan, widow of W. N. Duncan, had no dower interest in certain lands mortgaged by her husband in his lifetime and sold by a receiver appointed by the court on June 1, 1933 in an equity proceeding instituted by the receiver of a national bank on behalf of Duncan's creditors, some of whom held judgment liens against his real estate. At this time virtually all...

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