Home Trust Co. v. Miller Petroleum Co.

McDERMOTT, District Judge.

This matter has been submitted upon the records and decrees made in this court, and upon an affidavit as to the merits filed by the National Supply Company. The matter has been briefed and comes on now for decision. The application is one to enjoin the National Supply Company from prosecuting in the state courts a claim which it has against the property formerly belonging to tire Miller Petroleum Company.

On July 1, 1925, the Miller Petroleum Company executed a mortgage to the plaintiffs herein upon certain property owned by it in Allen' county, Kan. On the 24th- of…