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MERGARDT v. COLONIAL-AMERICAN NAT. BANK OF ROANOKE

No. 8543.

140 F.2d 701 (1944)

MERGARDT v. COLONIAL-AMERICAN NAT. BANK OF ROANOKE et al.

United States Court of Appeals District of Columbia.

Decided February 14, 1944.

Attorney(s) appearing for the Case

Mr. Leon M. Shinberg, of Washington, D. C., with whom Mr. Herman Miller, of Washington, D. C., was on the brief, for appellant.

Messrs. Ashby Williams and Hugh H. Obear, both of Washington, D. C., for appellees.

Before GRONER, Chief Justice, and EDGERTON and ARNOLD, Associate Justices.

EDGERTON, Associate Justice.

Prior to the present suit the following proceedings took place. In 1922 the Supreme Court of the District of Columbia (now the District Court) entered a final decree directing trustees to sell certain real estate, under the terms of a deed of trust which secured promissory notes then in default. The trustees failed to carry out the court's order to sell the property. Nineteen years later, in 1941, appellee Bank, the successor of the original...

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