ROBERTS v. ECHTERNACH

No. 19159.

302 F.2d 370 (1962)

Donald L. ROBERTS and Roswell I. Sawyer, Appellants, v. Hans C. T. ECHTERNACH, Appellee.

United States Court of Appeals Fifth Circuit.

April 27, 1962.


Attorney(s) appearing for the Case

W. F. Parker, Miami, Fla., for appellants.

Irving Yelen, Miami, Fla., for appellee.

Before TUTTLE, Chief Judge, and BROWN and BELL, Circuit Judges.


JOHN R. BROWN, Circuit Judge.

The difficulties in this small case are traceable largely to confusion, avoidable in part to be sure — perhaps unavoidable to an extent. We emphasize this at the outset as a sort of caveat that this case is unique, and is not to be understood as laying down any new principles, or extending or restricting those of long standing.

The confusion commences in the beginning. The cause was brought as a typical petitory or possessory...

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