Legal Opinion
Kirby Lumber Corporation v. Webb Laird, D. D. Griffin and Wife, Etta Griffin
Court of Appeals for the Fifth Circuit
Decided April 12, 1956No. 15724PublishedCited by 17 opinions
1Opinion of the Court
BROWN, Circuit Judge.
The question under Texas law is whether an adverse claim asserted on the basis of possession by a Tenant is broken by the Tenant’s attornment to the rightful Owner when the Owner knows of the adverse claim, and the adverse-claimant-Landlord knows of the attornment. 1 By evidence vouched for and binding on Laird and that which we must accept under the jury’s verdict in his favor, the situation is simple: Kirby owned the land. In 1932 Laird began possession of a tract, initially four, shortly expanded to approximately seventeen acres and fenced in and a home built on it by…
2Cases cited39 opinions
- West v. American Telephone & Telegraph Co.Supreme Court of the United States · 1940
- Meredith v. Winter HavenSupreme Court of the United States · 1943
- Cone v. West Virginia Pulp & Paper Co.Supreme Court of the United States · 1947
- Slocum v. New York Life InsuranceSupreme Court of the United States · 1913
- Baltimore & Carolina Line, Inc. v. RedmanSupreme Court of the United States · 1935
34 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Harvey Thomas Smoot, Jr. v. State Farm Mutual Automobile Insurance CompanyCourt of Appeals for the Fifth Circuit · 1962
- The Lincoln National Life Insurance Company v. Rosa Lee Leaman RoosthCourt of Appeals for the Fifth Circuit · 1962
- Delta Engineering Corp. v. ScottCourt of Appeals for the Fifth Circuit · 1963
- Georgia-Pacific Corporation v. United StatesCourt of Appeals for the Fifth Circuit · 1959
- The Yorkshire Indemnity Company of New York (Also Known as the Yorkshire Insurance Company of New York) v. Roosth & Genecov Production CompanyCourt of Appeals for the Fifth Circuit · 1958
12 more not listed; retrieve them via the Exa API.