Mitchell v. McShane Lumber Co.
Court of Appeals for the Fifth Circuit
In Error to the District Court of the United States for the Eastern District of Texas; Gordon Russell, Judge. Action by B. D. Mitchell and wife against the McShane Lumber Company and others. Judgment for defendants, and plaintiffs bring error.
1Opinion of the Court
WALKER, Circuit Judge.
[1] The testimony of the plaintiff B. D. Mitchell was to the effect that he had lived on the land in question since 1889 and had been asserting ciaim to it since that time. He did not deny the making of the contract with the Beaumont Lumber Company, which showed a lease by that company to him of the league of land which embraces the 160 acres sued for, but explicitly stated that he never relinquished his claim to the 160 acres, but claimed it all the time. The tendency of this evidence to prove adverse possession of the land in question by the plaintiffs for the length…
2Cases cited7 opinions
- Johnson v. PortwoodTexas Supreme Court · 1896
- Barreda v. SilsbeeSupreme Court of the United States · 1859
- Robinson v. MoseleySupreme Court of Alabama · 1890
- Sigua Iron Co. v. GreeneCourt of Appeals for the Second Circuit · 1898
- Portis v. HillTexas Supreme Court · 1855
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3Cited by11 opinions
- Haverty Realty & Inv. Co. v. CommissionerUnited States Tax Court · 1944
- Arthur R. Jones Syndicate v. Commissioner of I. RevenueCourt of Appeals for the Seventh Circuit · 1927
- Gatlin v. CommissionerUnited States Board of Tax Appeals · 1936
- Grover v. CommissionerUnited States Board of Tax Appeals · 1926
- Levering v. Indemnity Ins. Co. of North AmericaCourt of Appeals for the Ninth Circuit · 1931
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