NORD v. McILROY

No. 16984.

296 F.2d 12 (1961)

A. J. NORD et al., Appellants, v. Marvin Madison McILROY, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied October 14, 1961.


Attorney(s) appearing for the Case

Thomas R. Davis, Bakersfield, Cal., for appellants.

Lerrigo, Thuesen, Thompson & Thompson, by Eckhart A. Thompson, Fresno, Cal., for appellee.

Before HAMLIN and JERTBERG, Circuit Judges, and ROSS, District Judge.


ROSS, District Judge.

I. Background

In 1933, one C. R. Bell gave to the Continental National Bank of Chicago, Illinois a deed to a one-half undivided interest in certain real property situate in Kern County, California. Although there is a dispute between the parties herein as to whether the conveyance was intended to be absolute or only of a security interest, the referee has found that the deed to the bank was by way of security only. In 1946, appellee...

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