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LAYTON v. THAYNE

No. 2583.

133 F.2d 287 (1943)

LAYTON v. THAYNE.

Circuit Court of Appeals, Tenth Circuit.

January 19, 1943.

Attorney(s) appearing for the Case

J. D. Skeen, of Salt Lake City, Utah (E. J. Skeen, of Salt Lake City Utah, on the brief), for appellant.

Karl V. King, of Salt Lake City, Utah, for appellee.

Before PHILLIPS and HUXMAN, Circuit Judges.

HUXMAN, Circuit Judge.

This is a proceeding under Section 75 of the National Bankruptcy Act, 11 U.S. C.A. § 203. By stipulation, the case was submitted to two members of the court. The appellant, Clifton B. Layton, formerly was the owner of certain farm lands in Utah, the exact description of which does not appear in the record, and which will be referred to herein as the farm. In December, 1934, he gave the Davis County Bank a mortgage on this farm of $5,000...

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