Speers Sand & Clay Works, Inc. v. American Trust Co.

PARKER, Circuit Judge.

This is an appeal from a decree of‘the court below confirming a foreclosure sale, and is the fourth appeal by whieh the case has been brought before this court. On the first appeal, 20 F.(2d) 333, we held that the trustee under the deed of trust had properly exercised its discretion in applying for foreclosure, but that a decree was premature whieh ordered a sale in advance of the ascertainment of the indebtedness secured. On the second appeal, we set aside the sale whieh had been made under the decree reversed in the first appeal. 20 E. (2d) 336. Under the opinions of…