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KYNERD v. HULEN

No. 4339.

5 F.2d 160 (1925)

KYNERD v. HULEN et al.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied April 29, 1925.

Attorney(s) appearing for the Case

Joseph Manson McCormick, of Dallas, Tex. (Francis Marion Etheridge, Henri Louie Bromberg, and Paul Carrington, all of Dallas, Tex., on the brief), for plaintiff in error.

J. H. Barwise, Jr., G. W. Wharton, and H. S. Garrett, all of Fort Worth, Tex., and Alex S. Coke, of Dallas, Tex. (Cruce & Potter, of Ardmore, Okl., Thompson, Barwise & Wharton, of Fort Worth, Tex., and Coke & Coke, of Dallas, Tex., on the brief), for defendants in error.

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

BRYAN, Circuit Judge.

This is an action of trespass to try title under the Texas practice, by which the plaintiff, Kynerd, seeks to recover the value of oil extracted from two parcels or strips of land forming parts of a railroad right of way, and to establish his right to extract oil therefrom in the future.

The petition sets out a separate deed of each of the two parcels of land in controversy, executed in 1903 by the then owners to the defendant railway...

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