BELLAMY v. PITTS

No. 4289.

4 F.2d 523 (1925)

BELLAMY v. PITTS et al.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied March 11, 1925.


Attorney(s) appearing for the Case

W. A. Gunter, of Montgomery, Ala., and H. A. Ferrell, of Seale, Ala., for plaintiff in error.

Robert Tyler Goodwyn, of Montgomery, Ala., John V. Denson, of Opelika, Ala., and Frank M. De Graffenried, of Seale, Ala., for defendants in error.

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


WALKER, Circuit Judge.

The court decided against the asserted right of the plaintiff in error (herein called the plaintiff) to recover described land in Russell county, Ala., which was formerly owned by S. C. Lindsay, who in 1859 conveyed it by deed to William C. Bellamy, the husband of the grantor's daughter, Frances H. Bellamy, who was the mother of the plaintiff; the following being the habendum clause of that deed:

"To have and to hold the above given...

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