ATWOOD v. KLEBERG

No. 10055.

133 F.2d 69 (1943)

ATWOOD et al. v. KLEBERG et al.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied April 6, 1943.


Attorney(s) appearing for the Case

Thomas Hart Fisher, of Chicago, Ill., and Brady Cole, of Houston, Tex., for appellants.

Robt. W. Stayton, of Austin, Tex., Leroy G. Denman, of San Antonio, Tex., Leroy G. Denman, Jr., of Houston, Tex., B. D. Tarlton, and Marcellus G. Eckhardt, both of Corpus Christi, Tex., Felix A. Raymer, R. E. Seagler, and Robert F. Campbell, all of Houston, Tex., and Jacob S. Floyd, of Alice, Tex., for appellees.

Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges.


HUTCHESON, Circuit Judge.

Appellants are three of the legatees under Mrs. King's will. Appellees are the other legatees, the trustees under her will, and the Humble Oil Company, holding an oil and gas lease executed by them.

An action to quiet title to all the minerals in the 1,000,000 acre King ranch, the suit had two branches or aspects, each relating to, but not identical with, the other. One of these was to establish the existence of a trust of the minerals...

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