McCORD, Circuit Judge.
This action was originally instituted by Flora Scott and others, appellees, as heirs of George Scott, deceased, to recover certain lands in Waller County, Texas. The record title to said property was in Irene Smith, now Irene Smith Cliett, and the appellees contended that the lands had been purchased with the money of George Scott.
When this case was here before (Scott v. Smith, 5 Cir.,
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