ROBERTS v. CARLISLE

No. 4390.

4 F.2d 79 (1925)

ROBERTS v. CARLISLE et al.

Circuit Court of Appeals, Fifth Circuit.

January 8, 1925.


Attorney(s) appearing for the Case

William H. Clark, of Dallas, Tex. (William H. Clark, Jr., and Thomas C. Clark, both of Dallas, Tex., on the brief), for plaintiff in error.

Prentice Wilson, of Dallas, Tex. (Church, Read & Bane and Prentice Wilson, all of Dallas, Tex., on the brief), for defendants in error.

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


DAWKINS, District Judge.

Plaintiff in error, who was also plaintiff below, brought this suit under the Texas statute, as an action in trespass to try title to a certain lot and improvements situated in the city and county of Dallas, said state.

Whereupon defendant moved to dismiss the petition, upon the ground that prior thereto she, with the aid and authorization of her husband, Ralph S. Carlisle, had filed in the state court for the Fourteenth district of...

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