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AMERICAN SURETY CO. v. SIMPSON

No. 789.

64 F.Supp. 699 (1946)

AMERICAN SURETY CO. OF NEW YORK v. SIMPSON et al.

District Court, S. D. Florida, Jacksonville Division.

February 14, 1946.

Attorney(s) appearing for the Case

Stockton, Ulmer & Murchison, of Jacksonville, Fla., for plaintiff.

William J. Gardiner, of Daytona Beach, Fla., and Harrell & McCauley, of Jacksonville, Fla., for defendants.

STRUM, District Judge.

This is an action to foreclose a chattel mortgage executed by the Simpsons, trading as Simpson Construction Company, to the plaintiff on March 3, 1944, covering certain machinery and vehicles. The mortgagors admit both the execution of the mortgage and default thereunder. The only question to be determined is one of priority as between the plaintiff-mortgagee and L. Knabb, a conditional vendor of the property to the Simpsons. Plaintiff moves...

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