McGRATH v. WARE

No. 11805.

158 F.2d 155 (1946)

McGRATH et al. v. WARE et al.

Circuit Court of Appeals, Fifth Circuit.

December 6, 1946.


Attorney(s) appearing for the Case

J. R. Ogle and Geo. A. Smoot, both of Wichita Falls, Tex., for appellants.

J. B. Dooley and W. W. Gibson, both of Amarillo, Tex., for appellees.

Before HUTCHESON, HOLMES, and McCORD, Circuit Judges.


McCORD, Circuit Judge.

Alleging fraud and overreaching on the part of executors of the will of their uncle, George D. Murphy, appellants brought this action to set aside and remove as a cloud on their title certain transfers of their interests in the estate to a son of their uncle; and, in the alternative, to recover the value of the estate. The trial was without a jury, and the judge found the facts for defendants and dismissed the action on its merits.

George...

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