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BOSWELL v. UNITED STATES

No. 10027.

123 F.2d 213 (1941)

BOSWELL v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

November 4, 1941.

Attorney(s) appearing for the Case

Ezra E. Phillips, of Atlanta, Ga., for appellant.

T. Hoyt Davis, U. S. Atty., of Macon, Ga., H. G. Rawls, Sp. Atty., Dept. of Justice, of Albany, Ga., and John P. Hearne, Atty., Dept. of Justice, of Washington, D. C., for appellee.

Before FOSTER, HUTCHESON and McCORD, Circuit Judges.

HUTCHESON, Circuit Judge.

The suit was for enforcement of a contract for the sale of land and for an injunction against timber cutting. The claim was that though the land was bound to the United States under a valid contract of sale, the defendant Yundt had, in an endeavor to repudiate the contract, quitclaimed the land to Boswell who was attempting to use the land as his own.

The defense was that the contract had...

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