TIMMERMAN, District Judge.
This matter is before me on a petition to review and reverse an order of the Referee in Bankruptcy adjudging the validity of a certain real estate mortgage. The controversy is between Pillsbury Flour Mills Company, a creditor of the bankrupt, and Mrs. Lilliam B. McElmurray, the assignee of a purchase money real estate mortgage made, executed and delivered by the bankrupt to O. B. Whatley on February 8, 1937.
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