J. C. PENNEY CO. v. ARBETTER

No. 5196.

24 F.2d 81 (1928)

J. C. PENNEY CO. v. ARBETTER et al.

Circuit Court of Appeals, Fifth Circuit.

February 9, 1928.


Attorney(s) appearing for the Case

Edward B. Ward, of Corpus Christi, Tex. (Gwinn & Pell, of New York City, and Howell Ward, of Houston, Tex., on the brief), for appellant.

Gordon Boone, of Corpus Christi, Tex. (H. R. Sutherland and Boone & Savage, all of Corpus Christi, Tex., on the brief), for appellees.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.


BRYAN, Circuit Judge.

This was a suit to enjoin the construction of a building in such manner as to close an alleged passageway to premises which appellant holds under a lease. Upon final hearing, the District Judge held that an easement was not shown by the evidence, and dismissed the bill for injunction.

At the time of the lease, the heirs of H. R. Sutherland owned lots 7 and 8, of block 5, in the city of Corpus Christi, Tex. Lot 7 is a corner lot; it fronts...

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