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MOORE v. PATE

No. 5753.

39 F.2d 616 (1930)

MOORE v. PATE et al.

Circuit Court of Appeals, Fifth Circuit.

April 7, 1930.

Attorney(s) appearing for the Case

John Brunini, of Vicksburg, Miss., and S. D. Redmond, of Jackson, Miss. (Brunini & Hirsch, of Vicksburg, Miss., and S. R. Redmond, of Jackson, Miss., on the brief), for appellant.

Marcellus Green and Garner W. Green, both of Jackson, Miss. (Chalmers Potter, of Jackson, Miss., on the brief), for appellees.

Before BRYAN and FOSTER, Circuit Judges, and GRUBB, District Judge.

BRYAN, Circuit Judge.

Appellant filed a bill in the federal District Court to establish title in himself to, and to recover, an undivided half interest in a city lot, and then to sell the lot and divide the proceeds of sale equally between him and appellee Pate, who was alleged to be the owner of the other half interest. Pate was then in possession of the lot, claiming that he was sole owner of it. A few days later he brought suit in the state court against appellant...

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