First National Bank v. Kaiser-Fraser of Anchorage, Inc.

McCARREY, District Judge.

The plaintiff foreclosed a mortgage against Lot 4 in Block 19 of the East Addition to the Original Townsite of Anchorage that had been executed by Kaiser-Fraser of Anchorage, Inc., an Alaska corporation. The property was sold by the United States Marshal upon a writ of execution. Thereafter the plaintiff moved the court: “ * * * for an order releasing to the plaintiff the proceeds realized from the sale of the property by the U. S. Marshal under execution.”

This case now comes before the court upon motions made by the defendant John D. Budke: (1) “* * * to set aside…