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SOUTHERN INDUSTRIAL INSTITUTE v. MARSH

No. 4835.

15 F.2d 347 (1926)

SOUTHERN INDUSTRIAL INSTITUTE v. MARSH et al.

Circuit Court of Appeals, Fifth Circuit.

October 27, 1926.

Attorney(s) appearing for the Case

John A. Sibley, of Atlanta, Ga. (Spalding, MacDougald & Sibley, of Atlanta, Ga., on the brief), for appellant.

Robert C. Alston, Clifford L. Anderson, Shepard Bryan, and James A. Branch, all of Atlanta, Ga., for appellees.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

BRYAN, Circuit Judge.

Southern Industrial Institute, appellant, filed its bill in equity to establish its title to 134 shares of common stock and 110 shares of preferred stock of the Bibb Manufacturing Company. Appellant is an educational institution, situated in Alabama, and bases its claim of title upon an alleged gift of the stock to it by the admitted owner, Francis M. Marsh, a few days before his death. Marsh's widow and the executor of his will, appellees, defended...

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