UNITED STATES v. TURNER

No. 12597.

175 F.2d 644 (1949)

UNITED STATES et al. v. TURNER.

United States Court of Appeals Fifth Circuit.

June 10, 1949.


Attorney(s) appearing for the Case

A. Devitt Vanech, Asst. Atty. General, Ralph J. Luttrell, D. Murnan Smith, Attys., Dept. of Justice, Washington D. C., Percy C. Fountain, U. S. Attorney, Mobile, Ala., Albert J. Tully, Charles Hoffman, Mobile, Ala., for appellants.

Palmer Pillans, Mobile, Ala., for appellee.

Before HUTCHESON, SIBLEY, and WALLER, Circuit Judges.


HUTCHESON, Circuit Judge.

Brought by the United States to condemn land described as a portion of Pinto Island near Mobile, Alabama, and to determine ownership of the land and the money awarded, the suit was fully tried on the issue of title by a master and on the issue of value by a jury.

The claim of the United States to the title was that most, if not all, of the land described, was, before its filling, submerged land of Mobile Bay lying below high tide...

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