HEAD v. BRAINARD

No. 4383.

5 F.2d 289 (1925)

HEAD et al. v. BRAINARD.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied May 25, 1925.


Attorney(s) appearing for the Case

E. R. Ringo and Cochran & Eberhard, all of La Grande, Or., for plaintiffs in error.

Sidney Teiser, of Portland, Or., for defendant in error.

Before ROSS, HUNT, and RUDKIN, Circuit Judges.


HUNT, Circuit Judge (after stating the facts as above).

Plaintiffs in error contend that the District Court made no decision upon the question of title and was without power to make such determination in the present action; that the trustee could not maintain this action; that it was error for the court to refuse to permit defendants below to prove ownership of the property and to direct a verdict in favor of plaintiff below.

In our opinion the court by its...

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