Burt v. Benson

This is a suit brought by W. D. Benson against H. C. Burt to recover sums called for by certain written instruments executed by Burt to M. G. Abernathy, and by the latter assigned to Benson. The trial court instructed the jury to return a verdict for Benson, and judgment was rendered accordingly. The Court of Civil Appeals affirmed that judgment. 31 S.W.(2d) 663.

In all material respects, the evidence is un-controverted. The facts are substantially as follows:

E. A. Burke, a citizen of the United States of America, but a resident of Honduras, held, under claim of ownership, certain mining…