SHELL PETROLEUM CORPORATION v. WARD

No. 8794.

100 F.2d 778 (1939)

SHELL PETROLEUM CORPORATION v. WARD et al.

Circuit Court of Appeals, Fifth Circuit.

January 5, 1939.


Attorney(s) appearing for the Case

R. H. Whilden, of Houston, Tex., for appellant.

Chas. S. Pipkin and Oliver J. Todd, both of Beaumont, Tex., for appellees.

Before FOSTER, HUTCHESON, and HOLMES, Circuit Judges.


HUTCHESON, Circuit Judge.

The suit was for the title and possession of 5.6 acres of land, occupied by a right of way for an irrigation canal. The claim was that though included within the metes and bounds, it had been excepted out, of a conveyance plaintiffs had made. The defense was that referred to in the deed as "taken up by the rights of way of the Neches Canal Company's lateral" it had been excepted not from the conveyance, but only from the warranties.

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