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BURTON v. DUMESTRE

No. 8169.

86 F.2d 947 (1936)

BURTON et al. v. DUMESTRE.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied January 13, 1937.

Attorney(s) appearing for the Case

Kenneth H. Aynesworth, Jr., of Houston, Tex., for appellants.

T. A. Slack and Morris D. Meyer, both of Houston, Tex., for appellee.

Before FOSTER and SIBLEY, Circuit Judges, and STRUM, District Judge.

SIBLEY, Circuit Judge.

Trespass to try title was brought in the District Court by Lawrence J. Dumestre, trustee, against Gertie Burton and her husband, J. E. Burton, and others claiming under them for certain Texas lands. Plaintiff relied for title on a trustee's deed made under a power of sale given by the Burtons in a trust mortgage to secure their note for $43,500 purchase money of the land in favor of James J. A. Fortier, trustee. Learning that his deed would...

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