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UNITED STATES v. PIONEER AMERICAN INSURANCE CO.

No. 5-2732.

357 S.W.2d 653 (1962)

UNITED STATES of America, Appellant, v. PIONEER AMERICAN INSURANCE COMPANY, Appellee.

Supreme Court of Arkansas.

June 4, 1962.

Attorney(s) appearing for the Case

Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, Joseph Kovner and David I. Granger, Washington, D. C., Charles M. Conway, U. S. Atty., Ft. Smith, for appellant.

Bethell & Pearce and Donald P. Callaway, Ft. Smith, for appellee.

McFADDIN, Justice.

This appeal challenges a decree which held that an attorney's fee in the mortgage foreclosure suit was superior to the federal tax lien. Events and dates are as follows:

1. On May 24, 1956, The Development Company, Inc., for value received, executed a note for $20,000.00 secured by a mortgage on real estate in Sebastian County, Arkansas. The mortgage was duly filed and recorded on June 7, 1956; and, before maturity, the said indebtedness...

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