ATKIN v. BAIER

No. 4735.

12 F.2d 766 (1926)

ATKIN v. BAIER et al.

Circuit Court of Appeals, Fifth Circuit.

April 14, 1926.


Attorney(s) appearing for the Case

George P. Garrett, of Orlando, Fla., P. A. Vans Agnew, of Winter Park, Fla., and William M. Toomer, of Jacksonville, Fla., for appellant.

J. T. G. Crawford, of Jacksonville, Fla., and F. T. Fancher, of West Palm Beach, Fla. (Robinson, Fancher & Southard, of West Palm Beach, Fla., on the brief), for appellees.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.


BRYAN, Circuit Judge.

Appellant filed a bill in equity, and prayed for a decree adjudging that he had an interest in a tract of land, the legal title to which he alleged was in appellees. The District Court, without requiring appellees to answer, sustained a motion to dismiss the bill.

The question to be determined on this appeal, therefore, is whether, accepting the averments of the bill as true, appellant has any...

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