KIRBY LUMBER CORPORATION v. CAIN

No. 16862.

255 F.2d 72 (1958)

KIRBY LUMBER CORPORATION, Appellant, v. M. J. CAIN et al., Appellees.

United States Court of Appeals Fifth Circuit.

April 30, 1958.


Attorney(s) appearing for the Case

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

T. B. Barber, Port Arthur, J. R. Beck, Beaumont, Tex., A. A. DeLee, Port Arthur, Tex., for appellees.

Before JONES, BROWN and WISDOM, Circuit Judges.


JONES, Circuit Judge.

This is a controversy over the title to ninety acres, and a little more, of land in Liberty County, Texas. The appellant, which is a Delaware corporation, brought a suit in trespass to try title against the appellees, all of whom were citizens of Texas. The appellant sought recovery of the land, and judgment for the value of timber cut from the land and for the manufactured value of such timber.

Both appellant and appellees claim title...

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