MAY v. MARBURY

No. 5388.

39 F.2d 438 (1930)

MAY et al. v. MARBURY et al.

Circuit Court of Appeals, Sixth Circuit.

April 7, 1930.


Attorney(s) appearing for the Case

U. G. Hahn, of Bellefontaine, Ohio (J. L. Ewell, of Manchester, Tenn., and Joseph Higgins, of Nashville, Tenn., on the brief), for appellants.

A. H. Roberts, of Nashville, Tenn. (Roberts & Roberts, of Nashville, Tenn., on the brief), for appellees.

Before DENISON and HICKENLOOPER, Circuit Judges, and TUTTLE, District Judge.


HICKENLOOPER, Circuit Judge.

This cause was before the court on a previous occasion. Marbury v. May (C. C. A.) 9 F.2d 587. On this former hearing, it was held in substance that the title of plaintiffs below had not been extinguished or divested by abandonment or estoppel; that the Marbury grant, upon which the plaintiffs relied, prevailed over the Webster grant, upon which defendants relied; that the chancery proceedings in the case...

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