TEXAS CO. v. MARLIN

No. 9166.

109 F.2d 305 (1940)

TEXAS CO. v. MARLIN. MARLIN. v. TEXAS CO.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied February 23, 1940.


Attorney(s) appearing for the Case

H. S. Garrett, of Fort Worth, Tex., for Texas Co.

Stanley Boykin, Preston Shirley, and A. B. Culbertson, all of Fort Worth, Tex., for Eli J. Marlin.

Before FOSTER, SIBLEY, and McCORD, Circuit Judges.


SIBLEY, Circuit Judge.

Eli John Marlin, recently of age, brought suit on Aug. 9, 1935, against the Texas Company for an account of oil taken in 1921, 1922, 1923 and 1924 from lands in Stephens County, Texas, under a lease from his mother, she being life tenant of the lands under her father's will and he the remainderman. The lessee who produced the oil was another corporation of the same name whose assets and liabilities had been taken over by the defendant. He recovered...

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