VAUGHN v. CONTINENTAL ROYALTY CO.

No. 9380.

116 F.2d 72 (1940)

VAUGHN et ux. v. CONTINENTAL ROYALTY CO.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied January 14, 1941.


Attorney(s) appearing for the Case

Ben D. Clower and Frank Bezoni, both of Tyler, Tex., for appellants.

Charles W. Starling, of Dallas, Tex., for appellee.

Before SIBLEY, HUTCHESON, and McCORD, Circuit Judges.


HUTCHESON, Circuit Judge.

The suit, filed in trespass to try title to recover 101 acres of land before the new Federal rules took effect, was tried under the formal pleadings applicable in Texas to such actions. As established by the stipulation the unchallenged findings and the evidence brought up in the record, these are the controlling facts: (1) George Lilienstern is the common source of title; (2) on November 15, 1917...

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