KIRBY LUMBER CORPORATION v. WILLIAMS

No. 15465.

230 F.2d 330 (1956)

KIRBY LUMBER CORPORATION, Appellant, v. John W. WILLIAMS et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied April 24, 1956.


Attorney(s) appearing for the Case

Claude C. Roberts, Houston, Tex., Fountain, Cox & Gains, Houston, Tex., for appellant.

James R. Cornelius, Jr., Lufkin, Tex., Collins, Garrison, Renfrow & Zeleskey, Lufkin, Tex., for appellees.

Before HUTCHESON, Chief Judge, and BORAH and BROWN, Circuit Judges.


HUTCHESON, Chief Judge.

The suit was for the title and possession of a fractional interest in a 100 acre tract of land in Jasper County, Texas, which had been deeded by the agreed common source of title, W. W. McBryde, to one R. J. Williams during the lifetime of his first wife, Emma Barrow Williams, the mother of the defendants.

The claim was that, by the acquisition by the First National Bank of Jasper of notes secured by a deed of trust lien, given after...

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