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STRICKER v. MORGAN

No. 17570.

268 F.2d 882 (1959)

R. M. STRICKER, Appellant, v. J. P. MORGAN et al. (Mrs. Margaret Koehler Morgan, Edward C. Morgan and Evelyn Morgan Wiemer, substituted as appellees in the place and stead of J. P. Morgan, deceased), Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied September 30, 1959.

Attorney(s) appearing for the Case

Gerard H. Brandon, Natchez, Miss., Edwin Leland Richardson, Baton Rouge, La., Clay B. Tucker, Woodville, Miss., Gerald N. Sims, Vidalia, La., Dale Richardson & Dale, Baton Rouge and Vidalia, La., Brandon, Brandon, Hornsby & Handy, Natchez, Miss., for appellant.

C. Delbert Hosemann, Vicksburg, Miss., Edmund L. Brunini, Jackson, Miss., William H. Talbot, New Orleans, La., Brunini, Everett, Grantham & Quin, Vicksburg, Miss., for appellees.

Before TUTTLE, CAMERON and WISDOM, Circuit Judges.

CAMERON, Circuit Judge.

This appeal presents the question whether the court below, sitting without jury, was clearly erroneous in holding that plaintiff-appellant R. M. Stricker had not sustained the burden of proving that he was entitled to a decree against defendant-appellee J. P. Morgan,1 confirming in plaintiff title to an undivided one-half interest in Esperanza Plantation in Concordia Parish, Louisiana, and ordering an accounting...

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