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GLADSTONE HOTEL, INC. v. SMITH

Nos. 3877, 3892, 3942.

487 P.2d 329 (1971)

The GLADSTONE HOTEL, INC. et al., Appellants (Plaintiffs below), v. C. Hampton SMITH et al., Appellees (Defendants below). Earl R. JOHNSON, Sr. et al., Appellants (Defendants below), Harry E. Stuckenhoff et al. (Defendants below), v. Phyetta SMITH and C. Hampton Smith, Appellees (Plaintiffs below), Wyoming National Bank of Casper (Defendant below), (Two Cases).

Supreme Court of Wyoming.

Rehearing Denied August 2, 1971.

Attorney(s) appearing for the Case

Raymond B. Whitaker, Casper, for appellants.

Ernest Wilkerson and William E. Barton, Casper, for appellees.

Before McINTYRE, C.J., and PARKER, McEWAN and GRAY, JJ.

Mr. Justice PARKER delivered the opinion of the court.

Three appeals are now here as an aftermath of previous litigation growing out of a purchase of the Gladstone Hotel property from transferees of the Smiths by the Johnsons; the subsequent default of the Johnsons; the resulting foreclosure of a second mortgage held by the Smiths on the property, subject to a first mortgage originally held by Massachusetts Mutual Life Insurance Corporation and after commencement...

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