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COX v. KIRBY LUMBER CORP.

No. 13966.

197 F.2d 812 (1952)

COX et al. v. KIRBY LUMBER CORP. et al.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 4, 1952.

Attorney(s) appearing for the Case

Gilbert T. Adams, E. E. Easterling, Henry T. Easterling, Beaumont, Tex., Fred B. Frazier, Chattanooga, Tenn., J. Wilbur Hicks, Greenville, S. C., for appellants.

Howell Cobb, Houston, Tex., for appellees.

Before HUTCHESON, Chief Judge, and RUSSELL and STRUM, Circuit Judges.

PER CURIAM.

Brought by R. M. Cox, et al., as heirs of Harvey Cox, deceased, the suit was in trespass to try title to recover title and possession to a tract of land in Hardin County, Texas, which had been granted to heirs of Harvey Cox by letters patent, dated Nov. 11, 1874.

Defendants, after answering, and after a pretrial hearing which developed that the validity of the hereafter mentioned judgments would determine the issues in the cause, moved for summary...

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