McGUIRE, District Judge.
The first matter that has to be disposed of is whether or not the property vested is actually the property of the plaintiff, because if it is not his then, of course, he has no right to proceed in the circumstances.
Plaintiff says that while the property was not ever manually delivered to him, yet he obtained it by gift from his father on January 15, 1934 by transfer presumably out of his father's name into his name in the deBary Bank...
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