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EMERSON v. LITTLE SIX OIL CO.

No. 4389.

3 F.2d 265 (1924)

EMERSON et al. v. LITTLE SIX OIL CO.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied January 30, 1925.

Attorney(s) appearing for the Case

W. D. Gordon, of Beaumont, Tex., for appellants.

Geo. E. Holland, of Orange, Tex., for appellee.

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

BRYAN, Circuit Judge.

This suit was brought by the Little Six Oil Company, appellee, to cancel a deed from Sloan A. Emerson to his wife, Marie T. Emerson, which purports to convey an overriding royalty of 1 per cent. in an oil and gas lease of 45 acres of land. Emerson and his wife, the appellants, answered and prayed for a decree sustaining the validity of the deed and establishing in Mrs. Emerson the royalty interest thereby conveyed.

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