U.S. Court of Appeals for the Fifth Circuit, 1906

Kessler v. Ensley Land Co.

U.S. Court of Appeals for the Fifth Circuit · Decided December 13, 1906 · Ctjriam, Meek, Pardee, Shelby

148 F. 1019; 79 C.C.A. 534; 1906 U.S. App. LEXIS 4402

Counsel

J. A. W. Smith, Wm. A. Gunter, and Thomas M. Steeger, for appellants., Jno. B. Knox and B. .1. Smyer, for appellees.

Cases that cite this one

5 later published cases cite this decision. The 4 that cite it most often are listed here.

Amen v. Black (10th Cir. 1956)
Liken v. Shaffer (District Court, N.D. Iowa 1946)
Arn v. Dunnett (10th Cir. 1937)
Arn v. Operators Royalty & Producing Co. (United States District Court, Oklahoma Northern 1936)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CTJRIAM.

The matters complained of in the bill were intra vires the Ensley Land Company, and as the record shows that a majority of the directors and stockholders, at the time of bringing the suit, were not in*1020terested adversely .to the' company, the right o£ the complainants, • as ■ stockholders, to bring and maintain this suit, is doubtful. If the complainants can bring and. maintain the bill, in prosecuting the same they can only assert the rights and equities which the company itself, if willing to sue, could assert, and any defense good against the Ensley Land Company is good against the complainants. Pour years, during which the defendants, the Ensley Company and others, were exploiting the lands in controversy, elapsed before the suit was brought, and we fail to find sufficient evidence to meet the charge of laches; On the' facta of the case made in the transcript, we concur with the learned judge whose exhaustive opinion is found in the record. The decree appealed from is affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.