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BARNETT v. MAYES

No. 232.

43 F.2d 521 (1930)

BARNETT v. MAYES et al.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied September 8, 1930.

Attorney(s) appearing for the Case

Cornelius Hardy, of Wewoka, Okl. (C. M. Threadgill, of Wewoka, Okl., T. M. Baughman, of Sulphur, Okl., and John T. Cooper and A. C. Kidd, both of Wewoka, Okl., on the brief), for appellant.

V. R. Biggers, of Wewoka, Okl. (J. E. Thrift, and C. J. Davenport, both of Sapulpa, Okl., R. W. Kellough, of Tulsa, Okl., Chas. G. Dailey, of Bluffton, Ind., and Irwin L. Wilson, J. Bart Aldridge, and Lynn Adams, all of Wewoka, Okl., on the brief), for appellees.

Before LEWIS, COTTERAL, and McDERMOTT, Circuit Judges.

McDERMOTT, Circuit Judge (after stating the facts as above).

I. The appellant assigns as error the trial court's finding that the Mayes deed was not a forgery; his finding that Barnett was not an heir of Leathy Sango; and his finding that Barnett's claim was barred by laches. No useful purpose will be served by a review of the evidence. As to the forgery, the testimony adduced by Barnett, without more, is unconvincing. One of his witnesses testified that "he and Cud...

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