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ANDRUS v. HUTCHINSON

No. 4875.

17 F.2d 472 (1927)

ANDRUS et al. v. HUTCHINSON et al.

Circuit Court of Appeals, Fifth Circuit.

February 8, 1927.

Attorney(s) appearing for the Case

W. D. Gordon, Thos. J. Baten, and Oliver J. Todd, all of Beaumont, Tex. (Chas. S. Pipkin, of Beaumont, Tex., on the brief), for plaintiffs in error.

Harry Holmes, of Houston, Tex., and Will E. Orgain, of Beaumont, Tex. (W. G. Reeves, P. A. Dowlen, and Orgain & Carroll, all of Beaumont, Tex., on the brief), for defendants in error.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

FOSTER, Circuit Judge.

This was an action in trespass to try title under the Texas practice, brought by some 60-odd of the plaintiffs in error, to recover an undivided one-third interest in a certain tract of land in Jefferson county, Tex., containing some 1,394 acres, more or less, and being a portion of the Wm. H. Smith survey, and, in the alternative, to recover a definite portion. Joined with the original plaintiffs as plaintiffs in error are some 30 or more interveners...

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