Lanham v. Howell

RIVES, Circuit Judge.

Appellant properly points out that we were in error in stating that the district court passed over the question of jurisdiction. The judge stated orally, “It is doubtful, but I will hold that the court does have jurisdiction”.

Appellant earnestly insists that for us to hold the final judgment in the state court conclusive in this court is in conflict with Gaines v. Fuentes, 92 U.S. 10, 23 L.Ed. 524, followed in Everhart v. Everhart, C.C., 34 F. 82. In each of those cases, it was held that a suit to annul a will as a muniment of title and to restrain the enforcement of a…