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UNITED STATES v. HUTCHERSON

No. 14257.

188 F.2d 326 (1951)

UNITED STATES v. HUTCHERSON et al.

United States Court of Appeals Eighth Circuit.

April 17, 1951.

Attorney(s) appearing for the Case

Harry Marselli, Sp. Asst. to Atty. Gen. (Theron Lamar Caudle, Asst. Atty. Gen. and Ellis N. Slack, Sp. Asst. to Atty. Gen., on the brief, Sam M. Wear, U. S. Atty., Kansas City, Mo., and William Aull, III, Asst. U. S. Atty., Lexington, Mo., of counsel), for appellant.

Marcy K. Brown, Jr., Kansas City, Mo., for appellees.

Before COLLET and STONE, Circuit Judges, and DELEHANT, District Judge.

COLLET, Circuit Judge.

This action involves the question of whether the lien of the United States for unpaid federal income taxes owed by a husband, attaches to the interest of the husband in Missouri real estate owned by the husband and wife as tenants by the entirety so that the husband may not join with the wife in conveying the property free from the lien. That question arises from the following facts.

On March 26, 1947, the real estate involved was conveyed...

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