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LANGDELL-MARSHALL FLAYS SCOTT CLUB

Case Is One of Equity Concerning Four Conflicting Mortgages and Question of Priority

NO WRITER ATTRIBUTED

Before an audience that completely filled the center lecture room of Langdell Hall, the Langdell Marshall Club last night defeated the Scott Club in the finals of the Ames competition. Leon Edward Hickman 3L, of Sioux City, Iowa, and Curtis Chandler Williams Jr. 3L, of Columbus, Ohio, represented the winning club and acted as counsel for the defendants, while William Gresser 3L, of Brooklyn, N. Y., and Malbourne Bergerman of Pueblo, Colorado, who represented the Scott club, were counsel for the plaintiff.

The case was argued before a court of eminent justices. The Honorable William Renwick Biddell, Justice of the Supreme Court of Ontario, presided, and his colleagues were the Honorable Irving Lehman, Judge of the Court of Appeals of New York, and the Honorable Augustus Noble Hand, Judge of the United States District Court, Southern District of New York, and the Honorable Augustus Noble Hand, Judge of the United States District Court, Southern District of New York.

The case was a bill in equity concerning the distribution of funds obtained by a foreclosure sale. The question presented by the transactions among the parties concerns the disposal of the funds resulting from the foreclosure sale. The properties sold were subject to four mortgages, no two of which covered identical security. The mortgages belonged respectively to one Ferson, to one Thurston, to Fortune, the defendant, and to Sexton, the plaintiff. The fund must be distributed in such a manner that the securities of the subsequent lieu-holders are preserved to the greatest possible extent.

The plaintiff argued that the Ferson mortgage should be satisfied first out of the proceeds of lots three and four, and the proceeds of lot two should be applied to the balance due to the Ferson claim and then to the Sexton claim.

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