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KENNEMER v. BILLINGTON

No. 10674.

141 F.2d 555 (1944)

KENNEMER et al. v. BILLINGTON et al.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied May 2, 1944.

Attorney(s) appearing for the Case

Robert N. Grisham, of Eastland, Tex., Israel Smith, of Tyler, Tex., and James S. Grisham and Howard Dailey, both of Dallas, Tex., for appellants.

Thos. B. Ramey, of Tyler, Tex., for appellees.

Before HUTCHESON, HOLMES, and LEE, Circuit Judges.

HUTCHESON, Circuit Judge.

The suit, in one count in trespass to try title and in the other to remove the cloud of a mineral deed1 purportedly executed by plaintiff and his deceased wife, Lottie Kennemer, had for its purpose the establishment of title in plaintiff and his children free and clear of the mineral deed. The claim was that the deed was void because (1) when signed by plaintiff and his wife it contained neither description of...

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