CHANDLER v. PERRY

No. 7533.

74 F.2d 371 (1934)

CHANDLER et al. v. PERRY.

Circuit Court of Appeals, Fifth Circuit.

December 18, 1934.


Attorney(s) appearing for the Case

John Sayles and J. M. Chandler, both of Dallas, Tex., for appellants.

Gordon Simpson, of Tyler, Tex., for appellee.

Before FOSTER, SIBLEY, and HUTCHESON, Circuit Judges.


SIBLEY, Circuit Judge.

Perry, as trustee in bankruptcy of Martin, petitioned the referee to cite the appellants to set up their several claims to a gas and oil leasehold which he alleged was in his custody and control and actual possession, and prayed that the claims be disallowed and canceled, except Copeland's, and that it be declared a mortgage only. The referee granted the citation, but, instead of responding to it, the appellants each moved the judge to suppress...

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