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KIRBY LUMBER CORPORATION v. LAIRD

No. 15724.

231 F.2d 812 (1956)

KIRBY LUMBER CORPORATION, Appellant, v. Webb LAIRD, D. D. Griffin and wife, Etta Griffin, Appellees.

United States Court of Appeals Fifth Circuit.

April 12, 1956.

Attorney(s) appearing for the Case

William G. Fox, Houston, Tex., Fountain, Cox & Gaines, Houston, Tex., for appellant.

John T. Lindsey, Port Arthur, Tex., for appellees.

Before BORAH, TUTTLE and BROWN, Circuit Judges.

BROWN, Circuit Judge.

The question under Texas law is whether an adverse claim asserted on the basis of possession by a Tenant is broken by the Tenant's attornment to the rightful Owner when the Owner knows of the adverse claim, and the adverse-claimant-Landlord knows of the attornment.1 By evidence vouched for and binding on Laird and that which we must accept under the jury's verdict in his favor, the situation is simple: Kirby owned...

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