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SMITH v. THIRD NAT'L EXCHANGE BANK.

No. 214.

244 U.S. 184 (1917)

37 S.Ct. 516

61 L.Ed. 1071

SMITH ET AL. v. THIRD NATIONAL EXCHANGE BANK OF SANDUSKY, OHIO, ET AL.

Supreme Court of United States.

Decided May 21, 1917.

Attorney(s) appearing for the Case

Mr. F.G. Morris, with whom Mr. W.B. Grant was on the briefs, for plaintiffs in error.

Mr. W.H. Winter, with whom Mr. A. Seymour Thurmond, Mr. J.H. Paxton and Mr. R.L. Young were on the brief, for defendants in error.

MR. JUSTICE McREYNOLDS delivered the opinion of the court.

Defendants in error brought suit in the District Court, Dona Ana County, New Mexico, seeking judgment against plaintiff in error Smith upon his three notes for forty-five hundred dollars ($4,500) each and also foreclosure of the mortgage upon lands in that county given to secure them. Recovery was resisted upon the ground that although Smith was in actual possession of the lands under deed from Reinhart they...

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