U.S. Court of Appeals for the Fifth Circuit, 1910

Jenkins v. Dillingham

Jenkins v. Dillingham
U.S. Court of Appeals for the Fifth Circuit · Decided March 8, 1910
175 F. 1021; 99 C.C.A. 666; 1910 U.S. App. LEXIS 4210

Jenkins v. Dillingham

Opinion of the Court

PER CURIAM.

We find the decree appealed from correct as to the claim

of Jenkins for 160 acres of land out of the John Fisher survey; but we. find that said Jenkins had a claim for such part of said 160 acres as was actually, occupied, cultivated, and improved by William Felps prior to February 1, 1894, to wit, 10 years prior to the appointment of receivers in the main case (54, Equity); and, counsel for appellee having suggested that said decree might well be amended in that respect, it is ordered that the decree appealed from be reversed, and the cause remanded, with instructions to find "for and set apart to William Jenkins such part of the 160 acres claimed by bim as William Felps had under actual cultivation, improvement, and occupation prior, to February 1, 1894, and decree in favor of Receiver Dillingham for the r«n mainder of said 160 acres.

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