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IN RE RUPP

No. 19254.

35 F.Supp. 887 (1940)

In re RUPP.

District Court, E. D. Pennsylvania.

October 28, 1940.

Attorney(s) appearing for the Case

Taylor, Schrader & Riskin, of Bethlehem, Pa., for petitioner.

William S. Hudders, of Allentown, Pa., for trustee.

Alfred K. Hettinger, of Allentown, Pa., for Faust.

KIRKPATRICK, District Judge.

In 1927 a certain William D. Cassone was the owner of a house in Allentown, Pennsylvania. On March 24 of that year he executed two mortgages upon the property, each in the amount of $4,500, one to Charles S. Faust and one to Charles F. Sycher. The mortgages were both entered of record on March 31, at 3:19 P. M., and thus acquired an equal lien position.

The Sycher mortgage was assigned...

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