Mullinix v. Hubbard

LEWIS, Circuit Judge.

This is an appeal from a decree foreclosing a mortgage on lands in Arkansas. Appellant Mullinix is trustee of the bankrupt estate of the mortgagor. Appellant J. T. Fargason Co. is also mortgagee, though subsequent in lien to appellees’ mortgage. The defense made below and relied on here by appellants is that the indebtedness of the bankrupt, Guy F, Bryant, which his mortgage to appellees purported to secure, is a gambling debt incurred by him in dealing in ■ cotton, and cannot be recovered. The transactions out of which Bryant’s indebtedness to Hubbard Bros. & Co. arose…