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TUCKER v. COX, AS TRUSTEE, ET AL.

August 26, 1915. The opinion of the Court was delivered by

MR. JUSTICE GAGE.Page 483

We are satisfied with the opinion of the Circuit Court, and it is affirmed.

MR. CHIEF JUSTICE GARY and MR. JUSTICE WATTS concur in the opinion of the Court.

MR. JUSTICE FRASER, concurring.

I concur in the result. It seems to me that the trust deed was a mere security for a debt, and, therefore, a mortgage.

MR. JUSTICE HYDRICK dissents.

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TUCKER v. COX
(Aug 26, 1915)