Court of Appeals for the Eighth Circuit May 7, 1917, No. 4687 (Graham v. National Surety Co.)

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United States · · · 07-05-1917

HOOK, Circuit Judge

(dissenting in part). I am unable to concur in the reversal of the decree below as to the homestead. I think the trial court was right in all respects; that all parties knew the terms of the adjustment with the creditors and what the surety company was to do and what was intended by the mortgage; also, that the terms of the mortgage were not latently ambiguous but conformed

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