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HOWTH v. FARRAR

No. 8545.

94 F.2d 654 (1938)

HOWTH v. FARRAR et al.

Circuit Court of Appeals, Fifth Circuit.

January 26, 1938.

Attorney(s) appearing for the Case

Wm. Andress, Jr., of Dallas, Tex., for appellant.

Wm. E. Allen, of Fort Worth, Tex., for appellees contra.

Before HUTCHESON and HOLMES, Circuit Judges, and STRUM, District Judge.

HUTCHESON, Circuit Judge.

The suit was in trespass to try title in statutory form, for 640 acres of land in Erath county, Texas. The chain of title under which plaintiff claimed the land sued for was: (1) A patent to William E. Howth, dated January 9, 1847. (2) The last will and testament of W. E. Howth, dated May 27, 1855, admitted to probate April 30, 1860 in Austin county, Texas, devising the tract to the eldest son of W. E. Howth for life, and upon his death to...

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