SHAPLEIGH v. MIER

No. 7989.

83 F.2d 673 (1936)

SHAPLEIGH et al. v. MIER.

Circuit Court of Appeals, Fifth Circuit.

April 30, 1936.


Attorney(s) appearing for the Case

H. R. Gamble, of El Paso, Tex., for appellants.

Walter S. Howe and Richard F. Burges, both of El Paso, Tex., for appellee.

Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges.


SIBLEY, Circuit Judge.

The appellants, as citizens of the state of Missouri, sued the appellee as a citizen of Mexico, at law in an action of trespass to try title to 337 acres of land in Hudspeth county, Tex., known as Guayuco Banco No. 319, alleging that their rights grew directly out of the treaty of 1905 between the United States and Mexico (35 Stat. 1863). A plea of not guilty was entered. Jury was waived, and issues of fact as well as of law were submitted to...

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