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REPUBLIC INS. CO. v. BUTTS

No. 10122.

131 F.2d 768 (1942)

REPUBLIC INS. CO. v. BUTTS.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied January 27, 1943.

Attorney(s) appearing for the Case

W. H. Shook and J. L. Shook, both of Dallas, Tex., for appellant.

T. E. Mosheim, of Seguin, Tex., for appellee.

O. H. Woodrow, of Sherman, Tex., amicus curiae.

Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges.

SIBLEY, Circuit Judge.

U. R. Butts, as farmer-debtor sought relief under Section 25 of the Bankruptcy Act, 11 U.S.C.A. § 48. Conciliation failed, and he was adjudicated a bankrupt under Section 75, Subsection s, 11 U.S.C.A. § 203, sub. s. His land had been bought by deed from Republic Insurance Company on credit, with reserved vendor's lien, and the Company moved to strike the land from the schedule of assets because of its reserved superior title under...

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