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CITY OF MEMPHIS v. OVERTON

392 S.W.2d 86 (1964)

CITY OF MEMPHIS, Complainant and Appellee, v. Samuel Watkins OVERTON, Jr., et al., and All Persons Non Compos Mentis or Otherwise Under Legal Disability, Defendants and Appellants.

Court of Appeals of Tennessee, Western Section at Jackson.

Certiorari Granted June 8, 1964.

Affirmed April 7, 1965.

Attorney(s) appearing for the Case

Ramsay Wall and Thomas C. Farnsworth, Memphis, for D.W. McLemore, J. Bayard Boyle, B. Snowden Boyle and Mrs. Jack L. Erb, appellants; Shepherd, Heiskell, Williams, Wall & Kirsch, Memphis, of counsel.

Armstrong, McCadden, Allen, Braden & Goodman, and Newton P. Allen, Memphis, for S. Watkins Overton, Jr., Mrs. S. Watkins Overton, Mrs. Allen W. Phelps, Mrs. Paul Anderson, Mary Anna Wells, Natalie Nickel McDermott and Melvin Hill Hayes, appellants.

James W. McDonnell, Jr., Memphis, for Mrs. Catherine O. McDonnell, appellant; Canada, Russell & Turner, Memphis, of counsel.

Henry M. Beaty, Jr., Memphis, guardian ad litem.

Frank B. Gianotti, Jr. and William W. O'Hearn, Memphis, for City of Memphis, appellee.

Certiorari Granted by Supreme Court June 8, 1964.

Affirmed by Supreme Court April 7, 1965.

BEJACH, J.

This cause involves a suit for declaratory judgment filed by the City of Memphis against the heirs, known and unknown, of John Overton, William Winchester, James Winchester, and John C. McLemore, Proprietors of the City of Memphis at the time same was founded in 1819 on the western part of what is known as the Rice Grant of 5,000 acres. Andrew Jackson...

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