CONTINENTAL SUPPLY CO. v. MARSHALL

No. 3057.

152 F.2d 300 (1945)

CONTINENTAL SUPPLY CO. v. MARSHALL et al.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied January 23, 1946.


Attorney(s) appearing for the Case

Roy C. Lytle, of Oklahoma, City, Okl. (D. I. Johnston, of Oklahoma City, Okl., on the brief), for appellant.

Mark Goode, of Shawnee, Okl. (John L. Goode, of Shawnee, Okl., on the brief), for appellee Federal National Bank.

Before PHILLIPS, HUXMAN, and MURRAH, Circuit Judges.


MURRAH, Circuit Judge.

This appeal primarily involves the relative rights of two mortgagees under their respective mortgages upon the mortgagor's undivided interest in certain oil and gas leases. The facts and judgment of the trial court are stated in its reported decision (D.C., 52 F.Supp. 717), but a restatement here is deemed essential to a proper understanding of the questions for review.

On July 23, 1941, the appellee...

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