Rex Co. v. International Harvester Co.

McCORD, Circuit Judge.

International Harvester Company brought suit against Rex Company and the Trustees of the Estate of ’J. B. Wilson, deceased, seeking a declaratory judgment under the provisions of 28 U.S.C.A. § 400, Jud.Code Sec. 274d. The petition sought a declaration of the rights of Rex Company in and to certain real property in Dallas, Texas. The cause was tried upon a stipulation of facts and the Court entered judgment declaring that Rex Company had no rights in the property.

In November, 1888, Dallas) Cotton & Woolen Mills and D. Blankenship recorded a plat subdividing 47.3 acres of…