Jenkins v. Dillingham
| Citation | 175 F. 1021 |
| Decision Date | 08 March 1910 |
| Docket Number | 1,968. |
| Parties | JENKINS et al. v. DILLINGHAM. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Appeal from the Circuit Court of the United States for the Southern District of Texas.
John L. Little, for appellants.
H. O. Head and T. M. Kennerly, for appellee.
Before PARDEE and SHELBY, Circuit Judges.
We find the decree appealed from correct as to the claim of Jenkins for 160 acres of land out of the John Fisher survey; but we find that said Jenkins had a claim for such part of said 160 acres as was actually occupied, cultivated, and improved by William Felps prior to February 1, 1894, to wit, 10 years prior to the appointment of receivers in the main case (54, Equity); and, counsel for appellee having suggested that said decree might well be amended in that respect, it is ordered that the decree appealed from be reversed, and the cause remanded, with instructions to find for and set apart to William Jenkins such part of the 160 acres claimed by him as William Felps had under actual cultivation, improvement, and occupation prior to February 1, 1894, and decree in favor of Receiver Dillingham for the remainder of said 160 acres.
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TH Mastin & Co. v. Kirby Lumber Co.
...37 L.Ed. 815; Barton v. Barbour, 104 U.S. 126, 26 L.Ed. 672; Bien v. Robinson, 208 U.S. 423, 28 S.Ct. 379, 52 L.Ed. 556; Jenkins v. Dillingham (C.C.A.) 175 F. 1021, certiorari denied 220 U.S. 620, 31 S.Ct. 723, 55 L.Ed. 613; Keith Lumber Co. v. Houston Oil Company (C.C.A.) 257 F. 1, 4, cert......
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TH Mastin & Co. v. Kirby Lumber Co.
...37 L.Ed. 815; Barton v. Barbour, 104 U.S. 126, 26 L.Ed. 672; Bien v. Robinson, 208 U.S. 423, 28 S.Ct. 379, 52 L.Ed. 556; Jenkins v. Dillingham (C.C.A.) 175 F. 1021, certiorari denied 220 U.S. 620, 31 S.Ct. 723, 55 L. Ed. 613; Keith Lumber Co. v. Houston Oil Co. (C.C.A.) 257 F. 1, 4, certior......