TILTON v. ÆTNA LIFE INS. CO. OF HARTFORD, CONN.

No. 6959.

67 F.2d 898 (1933)

TILTON et al. v. ÆTNA LIFE INS. CO. OF HARTFORD, CONN.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied January 13, 1934.


Attorney(s) appearing for the Case

Waters Davis, of El Paso, Tex., for appellants.

Maury Kemp and M. Nagle, both of El Paso, Tex., for appellee.

Before BRYAN, FOSTER, and HUTCHESON, Circuit Judges.


BRYAN, Circuit Judge.

This is an action, brought January 19, 1932, upon a policy of insurance upon the life of Warren C. Spurgin. Whether the insured was living or dead was the only question at issue. The plaintiffs, to prove that he was dead, offered evidence to the following effect: The insured disappeared from his home in Chicago in July, 1921. He was next seen alive in the city of Chihuahua, Mexico, where he remained until the fall of 1921, when he again disappeared...

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