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MONROE v. PROPHET

No. 5944.

49 F.2d 1021 (1931)

MONROE v. PROPHET et al.

Circuit Court of Appeals, Fifth Circuit.

May 28, 1931.

Attorney(s) appearing for the Case

Geo. E. Holland, of Beaumont, Tex. (Geo. E. Holland, of Beaumont, Tex., Samuel Fine, of New York City, and Holland & Cousins, of Beaumont, Tex., on the brief), for appellant.

J. Llewellyn, of Liberty, Tex. (J. Llewellyn and E. B. Pickett, Jr., both of Liberty, Tex., on the brief), for appellees.

Before BRYAN, FOSTER, and WALKER, Circuit Judges.

WALKER, Circuit Judge.

In 1889 Wesley Monroe acquired an undivided interest in a tract of land in Liberty county, Tex., in the partition of which in 1902 a described 213-acre tract was set aside to Wesley Monroe, who died in 1908. Thereafter it was discovered that that land contained oil. By his bill in equity in this case the appellant claimed that he was part owner of the last-mentioned tract and of the oil therein and which had been extracted therefrom, which claim...

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