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JONES v. CONTINENTAL ROYALTY CO.

No. 9344.

115 F.2d 731 (1940)

JONES et al. v. CONTINENTAL ROYALTY CO.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied January 14, 1941.

Attorney(s) appearing for the Case

Frank L. McClendon, of Tyler, Tex., for appellants.

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

Before SIBLEY, HUTCHESON, and McCORD, Circuit Judges.

HUTCHESON, Circuit Judge.

Appellants in their petition describing two tracts of land, sued to remove as a cloud upon, and to quiet their title as to, a certain instrument of writing,1 claimed by plaintiffs to be an unperformed and ineffective contract of sale. The claim in detail was that it was ineffective from the beginning as to one of the tracts because it had at all times been the homestead...

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