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PENIX v. SLOAN

No. 4278.

3 F.2d 258 (1924)

PENIX v. SLOAN et al.

Circuit Court of Appeals, Fifth Circuit.

December 4, 1924.

Attorney(s) appearing for the Case

Alfred McKnight, of Fort Worth, Tex. (T. P. Perkins, of Mineral Wells, Tex., Alfred McKnight, of Fort Worth, Tex., Penix, Miller & Perkins, of Mineral Wells, Tex., and Capps, Cantey, Hanger & Short, of Fort Worth, Tex., on the brief), for plaintiff in error.

R. E. Taylor and J. L. Lackey, both of Wichita Falls, Tex. (Taylor & Taylor, of Wichita Falls, Tex., H. M. Muse, of Henrietta, Tex., and Will C. Austin, of Fort Worth, Tex., on the brief), for defendants in error.

Before WALKER and BRYAN, Circuit Judges, and DAWKINS, District Judge.

WALKER, Circuit Judge.

The defendants in error, the heirs at law of Isaac Sayles, deceased, and the administrator of his estate, recovered judgment in an action of trespass to try title to described land, such a suit being the substitute under the law of Texas for the common-law action of ejectment. The answer of the plaintiff in error to the petition showed that he claimed the land under an alleged deed of said Isaac Sayles to J. L. Hynote dated January 29, 1920...

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