MASON v. CATHEDRAL BUILDING CORPORATION

No. 6978-A.

125 F.Supp. 542 (1954)

Norman P. MASON, Federal Housing Commissioner, Plaintiff, v. CATHEDRAL BUILDING CORPORATION, Defendant, and William C. Charteris, John F. Cushing and Martha P. Cushing, Intervenors.

District Court, Alaska, First Division, Juneau.

November 9, 1954.


Attorney(s) appearing for the Case

Theodore E. Munson, U. S. Atty., Juneau, Alaska, Henry J. Camarot, Asst. U. S. Atty., Washington, D. C., for plaintiff.

M. E. Monagle, Juneau, Alaska, for defendant and intervenors.


FOLTA, District Judge.

The question presented is whether a mortgagee is entitled to a summary judgment of foreclosure in the face of an intervenor's claim to a part of the mortgaged property.

The mortgage was given to secure the payment of a note in the sum of $439,500 which was advanced to construct an apartment building under the Federal Housing Act. The mortgage was executed in duplicate; one copy was recorded as a mortgage of real property, while the other...

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